Rochester Car Accident Attorneys
One of the Best Law Firms in America Fighting for You
Being injured in a car accident is the last thing you expected, especially one that wasn’t your fault. In a matter of seconds, your life is turned upside down. On top of painful injuries, you're faced with medical bills, lost wages, and being bombarded with phone calls from insurance companies. Your day is now filled with thinking about how you’re going to pay those medical bills, how you’ll pay your bills at home being out of work, and if the pain from your injuries is ever going to go away.
You're not an attorney. You don’t fight against the insurance companies and their tricks day in and day out. We do. How much easier would your life be right now knowing you had a firm of car accident lawyers in Rochester fighting for you? Imagine the only thing you need to worry about is getting treatment for your injuries while we fight the insurance companies to get your medical bills and lost wages paid and pursue those responsible for the pain and suffering they caused you.
At Horn Wright, LLP, we help remove the stress after a car accident so you can focus on getting your life back on track. Whether it's a rear-end accident on I-490 in downtown Rochester, an intersection crash on Route 104, or a side-swipe impact on Ridge Road in Webster, our auto accident lawyers are ready to help guide you through every step of your car accident situation. Our comprehensive understanding of state laws provide invaluable support for your journey towards stability.
Our Rochester car accident attorneys provide full-service support to victims across Upstate New York. Call (855) 465-4622 or contact us online for a FREE consultation.
Types of Car Accidents Our Rochester Lawyers Handle
We advocate for victims of the following types of car crashes in Rochester, NY:
- Distracted Driving Accidents occur when a driver's attention is diverted from the road, often due to texting.
- Drunk Driving Accidents are caused by drivers operating vehicles under the influence of alcohol or drugs.
- Rear-End Accidents happen when a vehicle strikes the rear of another vehicle, usually due to following too closely.
- Speeding Accidents result from driving over the posted speed limit or too fast for road condition.
- Intersection Accidents occur at the intersection of two or more roads, often caused by running red lights.
- Hit & Run Accidents involve a driver who leaves the scene of an accident without providing assistance or exchanging information with the other party. Pursuing justice in these cases often requires detailed investigations.
- Head-On Collisions are serious accidents that occur when two vehicles collide directly.
New York's No-Fault Insurance
New York operates under a no-fault insurance system for car accidents. This means that after an accident, each driver’s insurance company will cover their medical expenses, lost wages, and other economic damages, regardless of who was at fault. This system is designed to ensure that accident victims receive immediate compensation for their basic economic losses without having to prove fault or go through a lengthy legal process.
Under New York’s no-fault insurance laws, your Personal Injury Protection (PIP) coverage will typically pay for:
- Medical expenses: Covers necessary and reasonable medical bills related to your injury.
- Lost wages: Reimburses up to 80% of your lost earnings (subject to policy limits) if injuries prevent you from working.
- Other expenses: Coverage may extend to other reasonable out-of-pocket expenses.
The no-fault system ensures quick compensation for economic losses, but it has limits. It does not cover non-economic damages such as pain and suffering or property damage (like repairs to your vehicle). Additionally, no-fault insurance is capped at a certain amount, typically around $50,000. Understanding these constraints and seeking additional legal recourse where necessary can play a significant role in ensuring comprehensive recovery.
Pursuing Personal Injury Claim Outside of PIP
While the no-fault system provides immediate coverage for basic economic losses, there are situations where you may step outside the no-fault system and file a personal injury claim against the at-fault driver. You may pursue a personal injury claim if your injuries are deemed serious under New York law or if your economic damages exceed your PIP policy limits.
In New York, serious injuries are defined as:
- Bone fractures
- Significant disfigurement
- Permanent loss of use of a body organ, member, function, or system
- Significant limitation of a body function or system
- Full disability for at least 90 days following the accident
If your injury meets this threshold, you can file a personal injury lawsuit to seek additional compensation, including damages for pain and suffering, emotional distress, and other non-economic losses. Additionally, if your medical bills or lost wages exceed the limits of your no-fault coverage, you may also be eligible to pursue a claim for these excess damages.
Our Rochester, NY car accident attorneys at Horn Wright, LLP can help determine if your injury qualifies as serious and guide you through the process of pursuing a personal injury claim. Let us assess your case's unique merits and develop a strategy to pursue just compensation for your injuries!
Determining Liability in New York Car Accident Cases
When you can pursue a personal injury claim outside of the state’s no-fault insurance system, you’ll need to establish fault and liability. This means proving that the other driver’s negligence caused the accident.
Liability can be based on factors such as the following:
- Traffic violations: Was the other driver speeding, running a red light, or violating traffic laws?
- Distracted driving: Was the other driver texting, eating, or otherwise distracted?
- Drunk driving: Was the driver under the influence of drugs or alcohol?
Our team of Rochester auto accident attorneys conducts thorough investigations to determine liability, using evidence like accident reports, witness statements, and any available video footage.
Common Car Accident Injuries
Car accidents can lead to many injuries, some of which may not be immediately visible.
Common injuries include the following:
- Whiplash: A soft tissue injury common in rear-end collisions.
- Fractures and broken bones: Caused by the force of impact or being thrown inside the vehicle.
- Head and brain injuries: Brain injuries can result from striking your head or from the violent motion of the crash.
- Spinal cord injuries: Damage to the spine can lead to long-term complications, including paralysis.
- Cuts and lacerations: Caused by broken glass or metal in the vehicle.
- Internal injuries: Damage to internal organs may require emergency surgery and can have long-term consequences.
Process for Filing a Car Accident Claim in New York
Filing a car accident claim in New York begins with notifying your no-fault insurance provider, which will cover your medical bills and lost wages up to a certain limit. If your injuries exceed New York’s no-fault threshold, you can file a personal injury claim against the at-fault driver.
Here’s a general overview of the process:
- Report the accident: You must notify your no-fault insurer within 30 days of the accident.
- File your no-fault claim: Your insurer will cover medical expenses, lost wages, and other economic losses up to the policy limits.
- Step outside the no-fault system: If your injuries are “serious” (such as fractures, disfigurement, or long-term disability) or your medical costs exceed the no-fault limit, you can file a claim against the at-fault driver’s insurance.
- Gather evidence: This includes police reports, medical records, and any documentation that proves fault and the extent of your damages.
- Negotiate or litigate: Most cases settle through negotiations, but your case may go to trial if a fair settlement isn’t reached.
Damages Available for Car Accident Claims in NY
If your car accident situation qualifies for compensation outside the no-fault system, you may be able to recover both economic and non-economic damages, such as the following:
- Medical expenses: Covers past and future medical costs, including surgeries, therapy, and medications.
- Lost wages: Compensation for income lost due to your injury and future earning potential if you’re unable to return to work.
- Pain and suffering: Non-economic damages for the physical pain and emotional distress caused by the accident.
- Property damage: Compensation for repairs or replacement of your vehicle or other damaged property.
- Loss of consortium: Compensation for the impact the injury has on your relationship with your spouse or family.
Local Road Conditions & Challenges in Rochester
Driving in Rochester involves navigating various road conditions that can pose unique challenges and increase the risk of accidents. The city's winter months bring snow and ice, making roads slippery and visibility impaired. These weather conditions often lead to higher instances of rear-end crashes and skidding accidents.
Additionally, construction zones across Rochester, from downtown streets to suburban highways like I-390, can cause confusion and increase collision risks. Familiarity with local layouts and traffic patterns plays a crucial role in understanding how these factors contribute to accidents, thus aiding in building a robust legal strategy.
FAQ About Car Accidents
How Does the No-Fault Insurance System Affect My Ability to Recover Damages?
Under the no-fault insurance system in New York, your insurance covers health care expenses and lost earnings, which speeds up the benefits process without establishing who caused the accident. However, this system caps coverage, and you might not receive compensation for pain and suffering unless you meet specific injury criteria or exceed your policy's coverage limit. Consulting with our auto accident lawyer in Rochester can help clarify how this affects your specific circumstances and ensure all available avenues for further claims are comprehensively pursued.
What Should I Do After a Car Accident in Rochester?
The immediate steps following an accident are crucial. Start by ensuring everyone is safe and contact law enforcement to file a report. Document the scene thoroughly—take photos of the damage, gather witness information, and note weather and road conditions. It's also vital to seek medical attention promptly, even if injuries seem minor. These actions not only prioritize health but also strengthen any future legal proceedings.
Can I Receive Compensation for a Car Accident If I Was Partially at Fault?
Yes, in New York, you may still be able to recover damages even if you are partially at fault due to the state's comparative negligence laws. Compensation will be awarded based on the degree of fault assigned to each driver. For instance, if you are found to be 30% at fault, you would be eligible to receive 70% of the awarded damages.
Call for a FREE Consultation: (585) 245-0255
If you’ve been involved in a car accident, navigating New York’s no-fault insurance system and determining liability can be overwhelming. At Horn Wright, LLP, we leverage years of dedication to help individuals make sense of these processes and advocate for the restitution they deserve.
Request a FREE review of your situation by calling (585) 245-0255. Our Rochester car accident lawyers are available 24/7 to help.
Rochester Car Accident FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 585-245-0255 today!
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Do I Have to Report a Car Accident?
In New York, you are legally required to report an accident to the Department of Motor Vehicles (DMV) within 10 days if the accident results in over $1,000 in property damage. Failing to file a report can lead to penalties, including a suspended license. Additionally, you must immediately notify law enforcement if there are injuries, deaths, or significant property damage.
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How Long Do I Have to File a Car Accident Claim in New York?
New York’s statute of limitations for filing a personal injury lawsuit after a car accident is typically three years from the date of the accident. This means that if you are seeking compensation for your injuries outside the no-fault system, you must file your claim within this time frame. However, certain exceptions may apply, such as if you’re filing a claim against a government entity, where the deadline may be shorter. Consulting with a lawyer early ensures you don’t miss these critical deadlines.
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What Factors Affect My Recovery Value?
Several factors can impact the amount of compensation you may recover in a car accident claim, including:
- Severity of injuries: More severe or long-term injuries typically result in higher compensation amounts.
- Shared fault: New York follows a comparative negligence rule, meaning your recovery may be reduced if you were partially at fault for the accident. For example, if you’re found 20% at fault, your compensation will be reduced by 20%.
- Insurance limits: The at-fault party’s insurance coverage may limit the amount of compensation you can recover, especially if their policy has low limits.
- Medical documentation: Proper medical documentation and consistent treatment play a critical role in proving the extent of your injuries and damages.
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What Should I Do After a Car Accident in Rochester, NY?
If you’ve been involved in a car accident, it’s important to take immediate steps to protect yourself and strengthen any potential claims. Here’s what you should do:
- Check for injuries: Your health and safety are the priority. Call 911 if there are any injuries, and seek medical attention even if you feel fine, as some injuries may not be immediately apparent.
- Document the scene: Take pictures of the vehicles, damages, road conditions, and any visible injuries. Collect contact information from witnesses and the other driver.
- File a police report: Even in minor accidents, having an official police report can be valuable when dealing with insurance companies or pursuing a claim.
- Notify your insurance company: Report the accident to your insurer as soon as possible to begin the claims process.
- Contact a car accident lawyer: Before speaking with the other party’s insurer, it’s wise to consult with a lawyer. Insurance adjusters may try to minimize your claim, and having legal guidance ensures your rights are protected.
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What Is the Average Settlement for a Car Accident in Rochester, NY?
The average car accident settlement in New York is approximately $287,000. However, this is just an average, and the actual amount you may receive will depend on the specific circumstances of your case, such as the severity of your injuries, the amount of property damage, and whether you were at fault for the accident.
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How Long Does a Car Accident Case Take To Settle in Rochester, NY?
The time it takes to settle a car accident case in Rochester, NY, can vary significantly depending on several factors, including:
- Complexity of the case: Cases involving multiple parties, serious injuries, or substantial property damage may take longer to resolve.
- Insurance company cooperation: A cooperative insurance company can expedite the settlement process.
- Legal representation: Having an experienced attorney can help streamline the process and negotiate a fair settlement.
Generally, car accident cases in Rochester, NY, can take anywhere from a few months to several years to settle. However, many cases are resolved within a year or less.
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Should I Talk to the Insurance Company After a Car Accident?
Yes, you should contact your insurance company after a car accident in Rochester, NY. Promptly notifying your insurer is crucial to initiate the claims process and protect your rights.
However, be cautious when speaking with the other driver's insurance company. Insurance adjusters may try to gather information to minimize their liability. It's advisable to consult with an attorney before speaking with the other driver's insurance company.
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What if the Other Driver Doesn’t Have Insurance?
If the other driver doesn't have insurance in Rochester, NY, your own insurance coverage may be able to help.
Most states, including New York, require drivers to carry uninsured/underinsured motorist (UM/UIM) coverage. This coverage protects you and your passengers in the event of an accident caused by an uninsured or underinsured driver.
Here's what you should do:
- Contact Your Insurance Company: Immediately notify your insurance company about the accident, providing all relevant details.
- File a Claim: Your insurance company will guide you through the claims process for your UM/UIM coverage.
- Seek Legal Advice: Consulting with a car accident attorney can help you understand your rights and maximize your compensation.
What Sets Us Apart From The Rest?
Horn Wright, LLP is here to help you get the results you need with a team you can trust.
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We’re a client-centered, results-oriented firm. When you work with us, you can have confidence we’ll put your best interests at the forefront of your case – it’s that simple.
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No two cases are the same, and neither are their solutions. Our attorneys provide creative points of view to yield exemplary results.
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We have a team of trusted and respected attorneys to ensure your case is matched with the best attorney possible.
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The core of our legal practice is our commitment to obtaining justice for those who have been wronged and need a powerful voice.