New Jersey Rear End Collision Attorneys
Reviewed by Mazie Slater’s specialized car accident lawyer [David A. Mazie – Managing Partner of Mazie Slater Katz & Freeman]
According to the National Highway Traffic Safety Administration (NHTSA) crash statistics, rear-ended collisions account for 29% of all car accidents, making them one of the most frequent types of car accidents in the US. Specifically in New Jersey, the New Jersey Department of Transportation (NJDOT) states that rear-end car accidents accounted for 42.16% of all NJ car accidents in 2022. This makes rear-end car accidents one of the most common and most preventable types of car accidents in New Jersey. The severity of damage and the personal injuries suffered increased with the speed and vehicle size of the cars or trucks involved in the accident. Our rear end collision attorneys have extensive experience in handling cases for victims of car accidents who have been rear ended, such as $5 million for a truck accident on behalf of a client who was hit by a tractor-trailer.
What are the Common Causes of Rear-End Collisions in New Jersey
Rear-end collisions are among the most common types of motor vehicle accidents, and they typically occur when drivers fail to maintain proper awareness of traffic conditions ahead. Here is a list of the common causes of rear-end accidents:
- Distracted Driving – Texting, talking on the phone, eating, or adjusting the radio
- Following Too Closely (Tailgating) – Not maintaining adequate distance between vehicles
- Speeding – Driving too fast for conditions, reducing reaction time
- Sudden Stops – Abrupt braking by the lead vehicle
- Impaired Driving – Operating a vehicle under the influence of alcohol or drugs
- Fatigued Driving – Drowsy drivers with slower reaction times
- Weather Conditions – Rain, snow, ice, or fog creating hazardous driving conditions
- Mechanical Failures – Brake problems or other vehicle malfunctions
In New Jersey, regardless of the cause, the driver who strikes another vehicle from behind is typically presumed to be at fault, as they have a legal duty to maintain control of their vehicle and ensure adequate stopping distance under all driving conditions. Our knowledgeable rear end accident attorneys have been voted some of the best car accident attorneys in New Jersey, and can help you sort through the details of your case. Give us a call now for a free consultation so we can discuss your rear-end collision.
Common Rear-End Collision Injuries
Rear-end collisions can result in a wide range of injuries, from minor discomfort to life-altering trauma. The sudden impact forces the body forward and then backward in a whipping motion, which can cause significant damage to various parts of the body. Even seemingly minor rear-end accidents can result in serious injuries that may not manifest symptoms immediately, making it crucial to seek medical attention promptly after any collision.
- Concussions – Mild traumatic brain injuries from impact or sudden movement
- Traumatic Brain Injuries (TBI) – More severe brain damage requiring extensive treatment
- Skull fractures – Breaks in the skull bone from direct impact
- Facial injuries – Cuts, bruises, and fractures to facial bones
The force of impact in rear-end collisions often causes the occupant’s head to snap forward and backward violently, leading to these serious head and neck injuries. Brain injuries are particularly concerning because symptoms may not appear immediately, and the long-term effects can be devastating to a person’s cognitive abilities, memory, and quality of life.
- Whiplash – The most frequent rear-end collision injury, involving soft tissue damage
- Cervical spine injuries – Damage to the vertebrae in the neck region
- Herniated discs – Spinal disc displacement causing nerve compression
- Spinal cord injuries – Potentially resulting in partial or complete paralysis
- Compression fractures – Vertebrae collapse from the force of impact
The financial burden of these injuries can be overwhelming, including medical expenses, lost wages, and the need for ongoing care. This is why it’s essential for rear-end collision victims to hire a car accident attorney who specializes in rear-end collisions, as we can help seek appropriate compensation for both immediate and long-term damages resulting from their injuries.
What to do After a Rear End Accident?
If you are involved in a rear-end collision, follow these steps to ensure your safety and protect your legal rights:
- Check for Injuries: Assess yourself and any passengers for injuries and seek medical attention if needed. Even minor injuries should be evaluated by a healthcare professional.
- Move to a Safe Location: If possible, move your vehicle to the side of the road to prevent further accidents and avoid blocking traffic.
- Exchange Information: Obtain the contact details and insurance information of the other driver involved, as well as any witnesses. Document their license plate number and vehicle details.
- Document the Accident: Take photos of the accident scene, including the damage to all vehicles involved, road conditions, and any relevant traffic signs or signals.
- Notify Law Enforcement: Contact the New Jersey police to file an accident report, especially if there are damages to your vehicle or anyone is injured. This report can be crucial for insurance claims and possible legal cases that may arise from the situation.
- Avoid Discussions of Fault: Do not speculate or admit fault at the scene. Let your attorney or the insurance companies figure out fault.
- Contact a Rear End Collision Attorney: Car accident lawyers who specialize in a rear-end accident cases can help you determine if you should pursue legal action, if you are entitled to restitution for your injuries, and more.
Determining Liability for Rear End Car Accidents in New Jersey
Under New Jersey law N.J.S.A. 39:4-89, the driver in the rear is responsible for any car accident and property damage. It’s presumed that the driver failed to maintain a safe distance and is therefore negligent. Drivers are instructed to add one car length of space for every 10 mph of speed. However, this rule is rarely followed, especially on New Jersey’s crowded highways.
However, liability may shift if the lead car had non-working brake lights. Brake malfunctions due to poor design or manufacturing defects create third-party product liability issues. Nonetheless, it’s the driver’s responsibility to ensure that their brakes are properly maintained.
The rear end collision attorneys at Mazie Slater Katz Freeman have been voted some of the top car accident lawyers in New Jersey. We will help you obtain and evaluate the evidence from our rear-end collision case and determine who is at fault.
New Jersey Rear End Collision Settlements
Even though New Jersey is a no-fault state, the driver in the rear is presumed to be at fault. Damages for pain and suffering, loss of consortium and lost wages can be recovered in a civil lawsuit. As aggressive and highly experienced New Jersey rear end car accident lawyers, we will protect your interests and collect all possible damages from the responsible driver who caused the rear-ended car accident. We have many of the largest settlements for rear-end car accidents in New Jersey. Some of our successes include:
- $5 Million Settlement – A man was rear-ended by a tractor-trailer and sustained vertebral fractures and multiple herniated discs that caused him to be unable to work.
- $1.75 Million Settlement – A woman was rear-ended by a commercial truck and sustained significant back and neck injuries.
Contact our Top Rear-End Collision Attorneys
Our New Jersey rear ended car accident lawyers are dedicated to achieving justice and securing a prompt, fair settlement for every client. We have been named to the Best New Jersey Personal Injury Lawyers list by the Best Lawyers in America publication for a reason. If you or a loved one were injured in a rear ended car accident, contact the New Jersey law firm of Mazie Slater Katz & Freeman. One of our experienced New Jersey rear end accident lawyers will get in touch as soon as possible to discuss your case at no charge.
Frequently Asked Questions about Rear-End Collisions in New Jersey
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Can I still recover damages if I was partially at fault?
Yes. New Jersey follows a comparative negligence rule — you can recover damages if you were 50% or less at fault, but your award will be reduced accordingly.
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Aside from a driver, are there any other parties who could be liable for a rear-end collision?
Yes, in New Jersey, depending on the circumstances, several parties other than the driver may be held liable for a rear-end collision. These can include the vehicle owner, trucking companies, vehicle manufacturers, maintenance companies, or government entities that manage the roads.
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Do I need to report a rear-end collision to the police?
Yes, if the crash resulted in injury, death, or more than $500 in property damage, you must report it to law enforcement under New Jersey law. It is also important to have your rear-end collision documented.
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What kind of compensation can I receive after a rear-end collision?
You may be entitled to compensation for medical expenses, lost wages, and pain and suffering. A rear-end collision attorney can help get you the compensation you deserve.
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How long do I have to file a lawsuit after a rear-end accident?
In New Jersey, the statute of limitations is two years from the date of the accident to file a personal injury claim.
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What if a commercial truck rear-ended me?
Truck-related rear-end crashes can lead to more severe injuries and complex liability. The trucking company, driver, or vehicle maintenance provider may all share responsibility. Mazie Slater has been voted the best car accident and trucking accident attorneys in New Jersey, contact us for a free consultation.
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Will my insurance cover me if I was rear-ended?
Yes. If you’re not at fault, the at-fault driver’s liability insurance should cover your damages. Your own PIP coverage can also help with medical bills.
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What evidence is helpful for proving fault in a rear-end collision?
Photos, witness statements, dashcam footage, vehicle damage reports, and police records are key pieces of evidence.
