Blog

What Evidence Best Proves Fault After a Rear-End Crash?

Rear-end crashes happen often on our busy roads, and figuring out who caused the crash matters a lot for insurance claims. Talk to a Mineola, NY car accident lawyer who works with these cases regularly. An experienced lawyer will make sure you're compiling the evidence that counts most to protect your rights.

The Presumption of Fault in Rear-End Crashes

Drivers who hit another vehicle from behind usually have liability, as New York Vehicle and Traffic Law Section 1129 explains that a driver must not follow another vehicle more closely than is reasonable, considering speed, traffic, and road conditions. This means the driver in the rear is presumed to be negligent in a rear-end hit. Studies from the National Highway Traffic Safety Administration (NHTSA) show that rear-end crashes make up about 29% of all collisions, and an NHTSA analysis of real-world driving data shows that drivers who follow too closely or fail to brake in time because they're distracted cause most of these incidents. Proving fault starts with gathering the right evidence to either overcome or support this basic presumption.

Evidence Your Mineola, NY Car Accident Lawyer Will Use

Police Reports

When officers arrive at a crash, they create a report about what they see and hear and an analysis of their opinion about fault. While this isn't the final word, it does carry weight with both courts and insurance companies. You and your lawyer will need to review the report carefully and gather more proof if it doesn't match what happened.

Witness Statements

A witness might be able to say the front car had working brake lights and stopped normally (or not) or that the rear vehicle sped up just before impact (or not). These kinds of statements help when drivers give conflicting stories. To use this evidence well, you'll want to get the contact information from witnesses right away, if they're willing to give it, and have your lawyer talk to them and get an official statement as soon as possible, while the memories are still fresh.

Photographic and Video Evidence

Videos can show what happened, and photos can show damage patterns that reveal impact force and the direction of the vehicles. Videos from dashcams, traffic cameras, or nearby businesses can show the moments leading up to the crash. This visual proof is difficult to dispute, so take photos of the vehicle positions, road marks, and weather conditions right after the incident and note the location of any video cameras (like traffic or security cams) so your lawyer can work on getting the footage.

Vehicle Data Recorders

Many cars have event data recorders, or black boxes, that log speed, braking events, and seatbelt use in the seconds before a crash. This data can prove if the rear driver accelerated or failed to brake or if the front driver suddenly slammed on the brakes and failed to signal.

Strong evidence is needed to prove fault, and we know how to help you find it. If you've been in a rear-end crash, talk to us at the Law Firm of Michael R. Franzese today. We provide legal services to people throughout Nassau County and across Long Island.

Recommended Posts

What Should You Know About New York’s Points System for Traffic Tickets?

If you get a traffic ticket in New York, the points system can affect both your license and your insurance rates. A traffic offenses attorney in Mineola, NY can not only help you figure out where you stand under the system but also protect you. New York's Traffic Ticket Point System New York assigns points to many traffic violations, with consequences if you get too many. If you get six or more points in 18 months, you have to pay a Driver Responsibility Assessment fee of $100 every year for three years. If you go over six points during that period, the fee is another $25 for every point, per year. If you get 11 points or more in a two-year period, there's a high likelihood your driver's license will be revoked. Here's a few basics to understand: You have to be convicted before the points get added, making it sometimes very much worth going to traffic court. The points are calculated from the date of the violation, not the date of conviction, which is important for calculating that two-year period. Once you pass the two-year (24-month) mark, the points don't count towards your total anymore. Even points that don't count towards your total stay on your license, however, and can be used against you by your insurance company. How Many Points Do Different Violations Give You? Some of the more common violations and their points are: Speeding: 3 to 11 points, depending on speed Reckless driving: 5 Following too closely: 4 Use of mobile phone: 5 Running light/stop/yield: 3 Passing a stopped school bus: 8 Failure to exercise due care: 5 Improper passing/lane change: 3 Are There Violations That Don't Get You Points? Parking tickets, any tickets you get as a pedestrian or cyclist, or most tickets that you might get for things related to vehicle inspections don't get you points on your license. Normally, tickets that come from a camera, even for speeding or running a red light, don't count, either. How Does the Insurance Work? The DMV doesn't have a say here, as the insurance companies keep their own records and apply their own surcharges. Even after DMV points drop off the suspension calculation, the higher premiums can continue for years. How Can I Fight Back? One way to simply lower your points is to do a DMV-approved Point and Insurance Reduction Program course, which can take up to 4 points from the total (though the points themselves stay on your record). That same course can also reduce your base auto liability and collision insurance premiums by 10% for three years. The best way to keep your points low, however, is to contest any high-point tickets or ones that would push you close to the 11-point line. Contact a Traffic Offense Attorney in Mineola, NY If you're facing a traffic conviction that could threaten your license or raise your insurance premium, call the Law Firm of Michael R. Franzese in Mineola or Central Islip today to schedule a free consulta

Who Is Liable When a Store’s Wet Floor Has No Warning Signs?

You were walking through a store, just trying to shop, when a patch of water on the floor sent you sprawling. If there were no warning signs posted, who pays for your losses from injury and missed work? It depends on the precise circumstances, and it's always wise to talk to a slip-and-fall lawyer here in Central Islip, NY as soon as possible to discover what all your options are and whether it's likely you have a claim against the store. The Store's Duty Since stores invite the public in to shop, they have the highest legal duty under the law towards their visitors. They must keep the floors reasonably safe for customers by regularly inspecting them and fixing or warning visitors of hazards immediately. When a wet spot appears and no one posts a sign or cleans it up, the store can be held responsible if that condition causes an injury, if the store either created the hazard, knew about it and did nothing, or should have known about it and did nothing. Examples Store Created the Issue: A store employee mops an aisle and then walks away without placing a “wet floor” sign. The store has created the danger, even if the manager isn't aware that the employee did this. If you slip on the freshly mopped aisle, the store is liable. Store Knew About the Issue: A customer spills a cup of coffee in an aisle and then goes to the front to let the manager know. The store has actual knowledge of the situation and must act. If you slip during the narrow window of time between the spill and the report (in other words, nearly immediately after it), the store is likely not liable. But if you were to slip 20 minutes later, they likely would be. Store Should Have Known About the Issue: A customer spills a cup of coffee but does not tell the manager, and neither does anyone else. Now it all depends on how long the spill sits there. Constructive knowledge of a situation means the store should have known about it as a result of doing reasonable and normal inspections. The condition must be visible and must have existed long enough for employees to discover and correct it for the store to be liable. How Your Central Islip, NY Slip-and-Fall Lawyer Proves Liability Proof usually comes from compiling and then effectively using: Photos of the area Video footage Witness statements Store records about cleanup and inspection schedules Incident reports filed at the scene Medical records that connect your injuries to the fall All these pieces together can be used to demonstrate that the store either created the wet floor or had enough time to act yet failed to warn of the hazard or clean it up. Talk Through Your Case If you've slipped in a store and been injured, contact the Law Firm of Michael R. Franzese in Central Islip or Mineola, NY for a free consultation. We serve clients throughout Nassau County and across Long Island and have more than 30 years of experience in successful personal injury claims.

How Are Traumatic Brain Injury Claims Documented for Maximum Recovery?

When someone suffers a brain injury in an accident caused by the negligence of another, the strength of their claim often depends heavily on how thoroughly, consistently, and promptly the effects of the injury get recorded, and right from the earliest moments. Clear, organized documentation helps establish the connection between the incident and all ongoing symptoms and shows the full scope of the damage the victim has suffered. And it's the job of your Mineola, NY traumatic brain injury attorney to put all your evidence together to produce a strong claim. Build a Strong, Usable Personal Record from the First Day Even if you're in the stage where you're hoping it's no big deal, it's a wise move to record all early symptoms, even if they seem mild or intermittent. Many consequences of a brain injury surface or intensify over the days and weeks rather than appearing all at once. Start a simple, daily log that notes the date and exactly what the specific symptoms are, like headaches, memory lapses, dizziness, sensitivity to light or noise, mood shifts, or problems with concentration. Also record what activities trigger or worsen them and how they interfere with normal routines. Keep Medical Evidence in One Place Collect and organize every piece of medical evidence into one dedicated, easily accessible file. It doesn't matter too much whether this is physical folders or a secure digital system, and you might do both if you've got some things on paper and some in online files. Always include: Emergency room and hospital records All imaging results Notes from visiting physicians and specialists Prescriptions and medication lists Therapy or rehabilitation records Any neuropsychological or cognitive testing reports Gather All Accident Information Create a separate but equally organized file for the accident itself: The police or incident report Names and contact information for witnesses Photographs of the scene or vehicle damage Copies of all correspondence with insurance companies All correspondence from other parties related to the accident Track Finances Carefully Record every medical bill and explanation of benefits, even those that ultimately get paid by insurance, along with things like your mileage to and from doctor appointments, all lost wages or reduced work hours, and receipts for out-of-pocket expenses you've paid for medications, medical equipment, home modifications, or hired help. If your ability to perform your job has changed and you've missed time, have reduced productivity, have had to go on modified duties, or even been unable to work entirely, be sure to document the timeline of all this with pay stubs, communications from your employer, performance reviews, or statements from coworkers or supervisors. Talk With a Mineola, NY Traumatic Brain Injury Attorney If you or a loved one has experienced a brain injury, call the Law Firm of Michael R. Franzese in Mineola, NY at 516-963-0545. We also have an office in West Islip. Michael R. Franzese has been protecting the rights of people in Nassau County, Suffolk County, and the Five Boroughs for over 30 years.