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.

Speak with our Rochester car accident attorneys now by calling (855) 465-4622 or contact us online for a FREE consultation.

Car Accident? Our Rochester Attorneys Handle Them All

We fight for justice for victims of Rochester car accidents in all areas:

• 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.

Know the Basics: New York No-Fault Insurance Benefits

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. No-Fault insurance benefits are 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 insurance system is designed to quickly compensate car accident victims 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, your No-Fault insurance benefits are capped at a certain amount. The minimum amount of required No-Fault coverage in New York is $50,000 per person. Understanding these limitations and knowing the need to seek a car accident lawyer, even for an accident that wasn't your fault, will increase your odds of recovering the full amount of compensation you're entitled to.

Personal Injury Claim: When No-Fault Benefits Aren't Enough

While No-Fault insurance benefits provide 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 New York's No-Fault insurance, 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.

Our Rochester car accident attorneys are available 24/ to help. Call (585) 245-0255 nowOur Rochester car accident lawyers are available 24/7 to help.