Rear-end collisions are among the most common types of vehicle accidents along Union Turnpike, which stretches through the neighborhoods of Kew Gardens and Briarwood. While these collisions are often dismissed as minor, many result in serious physical injuries, costly vehicle damage, and long-term medical complications.
In New York, those injured in traffic crashes have a legal right to seek compensation for the injuries and losses that resulted from the accident. However, it is advisable to work with reputable personal injury lawyers who understand how rear-end liability is determined, the role of no-fault insurance, and when it becomes necessary to pursue a personal injury claim.
At Poltielov Injury Lawyers, we ensure you make informed decisions when seeking compensation after a rear-end crash.
Why Union Turnpike Is a Hotspot for Rear-End Accidents
Union Turnpike functions as a vital east–west corridor in Queens, connecting traffic from the Grand Central Parkway and Van Wyck Expressway to various residential and commercial areas. In Kew Gardens and Briarwood, it runs adjacent to schools, shopping centers, courthouses, and dense housing developments. There are several conditions along this route contributing to rear-end crashes, such as:
- Stop-and-go traffic near intersections such as Queens Boulevard and Main Street
- Sudden lane shifts or merges without adequate notice
- Limited visibility due to parked vehicles or signage
- Distracted driving, particularly in areas with frequent red lights
- Short signal timing that causes abrupt stopping at intersections
Rear-end crashes typically occur when the following driver fails to stop in time. However, liability is not automatic, and securing full compensation often requires more than just showing vehicle damage. Your car accident lawyer can help gather key evidence to demonstrate how the at-fault parties contributed to the crash.
How Liability Is Determined in Rear-End Accidents
Under New York law, there is a rebuttable presumption that the trailing driver in a rear-end collision is at fault. Courts have consistently held that drivers must follow at a safe distance so as to be able to stop should conditions require it.
In certain cases, the trailing driver may attempt to shift blame by asserting a non-negligent explanation, such as a sudden stop by the lead vehicle, mechanical failure, or an intervening hazard. When that occurs, liability is no longer presumed and must be established using specific evidence.
Your rear-end collision attorney will use the following to prove fault:
- Testimony from those who witnessed the incident unfold can clarify the behavior of both drivers leading up to the impact.
- Accident reports generated by responding officers may contain diagrams, narrative descriptions, and the names and contact details of potential witnesses.
- Physical evidence to help reconstruct how the collision occurred. The length and angle of skid marks may indicate whether the following driver made any attempt to brake or swerve.
- In more complex or disputed cases, it may be necessary to consult a collision reconstruction expert to analyze the sequence of events.
- If the crash might have resulted from a defective vehicle component, a mechanical inspection of the involved vehicle can be essential.
The ability to compile and interpret these types of evidence not only strengthens a claim but can also shift the direction of the case entirely. In most cases, however, fault remains with the rear driver. The key legal question then shifts to whether the injured party meets the threshold for pursuing damages beyond basic insurance coverage.
Can I Seek Compensation After a Rear-End Crash?
New York operates under a no-fault insurance system, a system that holds that regardless of who caused the accident, each driver’s own insurer should initially cover their basic economic losses. Every driver is obligated to have Personal Injury Protection coverage of at least $50,000. This covers the following damages:
- Medical expenses up to $50,000
- Lost wages, up to 80% of income, subject to a cap
- Transportation and other related costs
- Burial and funeral expenses in case of wrongful death, included within the PIP cap of $50,000
No-fault benefits are available to drivers, passengers, and even pedestrians involved in the crash. However, these benefits do not cover property damage, pain and suffering, or long-term disability. To seek those benefits, you will need to pursue a third-party personal injury claim against the party who was at fault for the crash.
However, to pursue a personal injury claim, you must satisfy the serious injury threshold defined under New York Insurance Law § 5102(d). This threshold includes injuries such as:
- Fractures
- Death
- Loss of a fetus
- Significant disfigurement
- Permanent inability to use a body organ or member
- Substantial disruption of daily activities for 90 out of the first 180 days after the crash
You can secure compensation in a third-party claim in rear-end crashes on Union Turnpike for the following:
- Medical bills beyond no-fault limits, such as surgeries, long-term rehabilitation
- Pain and suffering, both physical and emotional
- Loss of enjoyment of life, most especially in cases involving catastrophic injuries
- Property damage if vehicle repairs exceed insurance estimates
Rear-end collisions frequently result in soft-tissue injuries, whiplash, herniated discs, and head trauma—all of which may qualify, depending on medical documentation and duration of impairment.
However, it is not always easy to collect these benefits. Insurers are known to try to undermine claims or deny them altogether. Since your ability to move on with life demands this compensation, it is important to work with a car accident attorney who can help you determine the full value of your claim based on economic and non-economic damages. If the insurer is still uncooperative, your attorney may file a lawsuit for breach of contract or bad faith to enforce your legal rights.
Seek Legal Recourse for Your Rear-End Crash Injuries
Just like in any other place, rear-end collisions on Union Turnpike come with painful injuries, disrupted lives, and mounting financial burdens. Whether your crash occurred near Kew Gardens’ court complex or along Briarwood’s busier commercial segments, you have legal options.
Fortunately, you don’t have to deal with the legal and financial fallout alone. A rear-end collision attorney familiar with Queens traffic patterns and New York injury law can guide you through the claims process and pursue full compensation for what you’ve endured. Reach out to Poltielov Injury Lawyers promptly to begin building your personal injury claim.