Rear-End, Lane Change, and Driveway Accident Fault in NY
Are Rear-End Collisions Always the Rear Driver’s Fault in New York?
Michael explained that Pretty much, yes. New York law is very specific. Our White Plains car accident attorneys know that under New York law, the rearmost driver has a legal obligation to maintain a safe distance from the car in front. If you rear-end someone, it's almost always your fault, no matter what excuse you give—ice on the road, the car in front stopped suddenly—you’re still responsible.
The law says drivers must account for bad weather or unexpected stops. So if there’s ice or traffic, you’re supposed to adjust your speed and increase following distance. Unless the car in front swerved into your lane unsafely, you're usually at fault in a rear-end crash.
Our firm wins these cases often just on summary judgment—because the law is that clear. Unless it's a multi-car pileup or someone abruptly swerved into your lane, rear drivers are liable.
What if the Driver in Front Cut Into My Lane?
White Plains car accident lawyer, Michael explained that If the car in front changed lanes without enough room and you hit them, then you may not be 100% at fault becuase the other driver still has a responsibility to make sure it is reasonably safe for them to change lanes before they do so and if they can't safely change lanes because you are too close, then they are also at fault for not making a safe lane change. But those situations are rare, compared to the overhelming number of rear end accident that occur becuase of distracted drivers, drivers travelling at an unsafe speed and drivers who are tailgaiting.
Why Lane Change Accidents Are Almost Always the Fault of the Driver Changing Lanes
Michael stated that almost always. Under New York law, you’re not allowed to change lanes unless it’s reasonably safe. And the car already in the lane has the right to continue. I hear people say “He didn’t let me in,” but guess what—he doesn’t have to. The burden is on you, the merging driver, to make sure it’s safe.
Even when two drivers change into the same lane, it comes down to who failed to exercise caution. But in general, the one making the lane change is responsible.
Who’s Responsible in Parking Lot or Driveway Exit Accidents?
Michael explained that again, almost always yes. The car entering the roadway must make sure it’s safe to do so. If they pull out and collide with a car already in the roadway, it's clear they didn’t wait until it was safe. That’s on them.
Even if they pull out just a second before you hit them, they’re responsible. Because the law expects them to wait until there’s a safe window to enter traffic.
Can You Still Be Compensated If You’re Partially at Fault?
Michael explained that New York follows a liberal comparative fault system. Even if you’re 10%, 50%, or even more than 50% at fault, you can still recover compensation. Your award is just reduced by your percentage of fault. For example, if you’re 20% at fault, you still recover 80% of the damages.
According to the National Highway Traffic Safety Administration (NHTSA), rear-end accidents accounted for approximately 2 million collisions nationwide in a given year, making them one of the most frequent types of crashes. In New York, these incidents are particularly prevalent due to the state's dense traffic, especially in urban areas like New York City.
In the first quarter of 2025, the New York City Police Department (NYPD) reported that "following too closely" was a contributing factor in 1,319 crashes citywide, many of which were rear-end collisions. This figure highlights the ongoing issue of tailgating in congested urban environments.
