Legal Question in Personal Injury in New York

Re: Do I have a chance?

The general rule is that a driver should have his car under control at all times, and hitting someone from behind technically speaking means that you did not have the car under control.

Now that doesn't mean you don't have a case. Was ot day or night, did the two cars ahead of you have their emergency flashers on etc. There are probably 100 different types of actions for negligence that you could have against the other two cars.

Meanwhile, are you being sued for negligence.

If you would like to discuss this matter further, please feel free to contact me.

Re: Do I have a chance?

Yours is a very tough case based on the facts provided. To prevail in a negligence action, a Plaintiff must prove both (1) defendant's negligence and (2) resulting damages. Both are very questionable in your case.

The law on rear-end hits in New York is well-settled: "A rear-end collision with a stopped vehicle creates a prima facie case of negligence with respect to the operator of the moving vehicle which inference can only be rebutted by a non-negligent explanation". Your explanation that the road was dark and/or winding and that defendant's lights were off has sufficed in other cases but the evidence must be fairly strong.

The second problem is damages. To recover for pain and suffering in New York, a Plaintiff must prove a serious injury as defined by Insurance Law Section 5102. Herniations are not per se serious injuries and therefor you must show that the effects of the herniations are permanent or significant. Without more detail regarding your limitations, there is no way for any attorney to know if your case will make it past the serious injury "threshold".

Again, sounds like a tough case that may be worth settling for even a very small offer. But your attorney is the only one in a position to give you that answer.

Hope this is helpful.