Rochester Head-On Crash Attorneys

Protecting Your Rights & Ready to Fight

A head-on collision can cause life-changing injuries. If you were hit by a driver who was driving on the wrong side of the road or otherwise crashed directly into the front of your car, you should work with a legal team that understands the severity of the situation and what’s at stake. At Horn Wright, LLP in Rochester, we have become well-known for handling challenging car accident claims for clients in desperate situations, so you know that you can trust your case with us, too. You have rights that are worth protecting, and we are ready to fight to make sure that they are.

To learn how to pursue compensation after a head-on crash in Rochester, call our attorneys at (585) 245-0255 or fill out an online contact form now.

What’s the Main Cause of Head-On Car Accidents in Rochester?

Head-on collisions tend to happen on roads without medians or where drivers cross into oncoming traffic to complete a turn or maneuver. Drivers who fail to stay in their lane or who violate traffic signals are the highest contributor to head-on collisions.

Head-on collisions in Rochester are mostly caused by:

• Distracted driving
• Driving under the influence (DUI)
• Failing to follow traffic rules
• Poor road conditions

Distracted driving from texting or using a cell phone, which is prohibited under New York VTL §1225-d, and drunk driving are believed to be the two most common causes of head-on collisions in Rochester, New York. Rural roads and streets without barriers also increase the risk of head-on crashes due to a lack of roadway safeguards.

How Does Speeding Increase the Frequency of Head-On Crashes in Rochester?

Speeding is another major cause of head-on collisions in Rochester. By reducing a driver’s ability to react in time to avoid an accident, speeding can create a head-on crash where one would have otherwise been unlikely to happen. New York’s VTL §1180 requires drivers to operate their vehicles at a safe speed that is appropriate for the conditions of the road. When driving on high-speed roads like I-90, I-490, or even major roadways like Mount Read Boulevard, adding additional speed to the equation dramatically increases the odds of a head-on crash. 

Where Do Head-On Collisions Happen in Rochester?

Streets around Rochester that are known for their increased risk of head-on collisions include:

• Lake Avenue
• Aqueduct Street
• East Main Street
• Pitkin Street
• Howell Street
• East Avenue
• Bank Place
• I-490
• Route 104
• I-390
• Mount Read Boulevard

Head-On Collisions Caused by Impaired Drivers in Rochester

Impaired drivers driving under the influence of alcohol or drugs often end up causing head-on collisions. Driving while intoxicated is prohibited by New York VTL §1192. Impaired drivers are more likely to lose control of their vehicles due to their intoxication, which can cause their vehicles to drift into the lane of oncoming traffic. High-traffic highways in Rochester like I-390, and busy roads like East Avenue, see increased numbers of accidents from impaired drivers. Penalties for driving under the influence include fines, license suspension, and potential jail time, but if a drunk driver is to be held liable for the financial harm that they cause to other drivers, a civil injury claim will be needed, which is separate from any processes handled by the criminal justice system.

What Should You Do If You See a Wrong-Way Driver in Rochester?

If you see a wrong-way driver while driving the streets of Rochester, pull over to the side of the road and call 911 as soon as possible. Don’t attempt to signal or stop the wrong-way driver, as it can put you in danger. Stay stopped on the side of the road until the driver passes. By pulling over and notifying the authorities, you can help prevent a head-on collision and keep yourself and others safe.

How Can Road Design Help Prevent Head-On Collisions in Rochester?

Roadway designs that can help stop head-on car accidents include:

• Barriers between opposing lanes of traffic
• Rumble strips
• Clear signage
• Traffic lights at busy intersections

What Legal Issues Arise from Head-on Crashes in New York?

New York has a comparative negligence law, and under CPLR §1411, both drivers can share liability for a head-on accident if they were both negligent. If one driver crossed into oncoming traffic, violating NY VTL §1128, they can be held liable for the collision, either in whole or in part. In cases involving severe injuries, the injured party can file a personal injury lawsuit in Monroe County Supreme Court to demand damages, including medical expenses, lost wages, and pain and suffering.

Furthermore, New York Vehicle and Traffic Law §1128 makes it illegal to cross into oncoming traffic without justification, and drivers who do so can be issued a citation by the Rochester Police Department, Monroe County Sheriff’s Office, or the NYS Troopers for doing so. You can file an injury claim against a negligent driver even if they were not charged or fined for crossing into oncoming traffic, but such charges or fines could be beneficial for your case.

What are the Most Frequent Injuries Caused by Head-on Collision Car Accidents?

The majority of head-on collisions often result in serious injuries, such as:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries
• Fractures
• Disc herniations
• Torn ligaments
• Soft tissue injuries

The force of the impact in a head-on collision is generally far greater than in other types of accidents, which explains why injuries from head-on collisions can be so much more severe. Head-on collisions usually require immediate medical treatment at an emergency department, like Strong Memorial Hospital or Rochester Regional in Rochester.

How Does New York Law Determine Fault in Head-On Collisions?

Fault in head-on collisions is determined by first looking to see which driver, if any, violated New York Vehicle and Traffic laws, such as VTL §1128. If a driver crossed into oncoming traffic, say on Lyell Avenue or Monroe Avenue, or failed to obey traffic signals pulling into the front of the Blue Cross Area to drop someone off, they’ll likely be found at fault. Looking at the police report to see if any citations were issued is often one of the first steps our car accident lawyers take when investigating a case.

What Does Comparative Negligence Do in Head-On Car Crashes?

Comparative negligence under New York allows both drivers involved in a head-on collision to share fault, proportionally, for the accident. CPLR §1411 apportions each driver’s percentage of fault, which in turn reduces their ability to recover damages. If, for example, you were found 20% responsible for the crash, your damages will be reduced by 20%.

How Do You File an Insurance Claim After a Rochester Head-On Collision?

You should file an insurance claim with your no-fault insurance provider as soon as possible after the accident to avoid missing the deadline to obtain coverage. Under New York’s no-fault insurance law, a policy can cover medical expenses and lost wages regardless of fault. If your injuries exceed the no-fault threshold, and you believe you have a “serious injury,” you can file a personal injury claim against the at-fault driver, which our attorneys can help you manage.

Begin building your case immediately after the crash by obtaining the police report, medical records, and witness statements. Requesting medical records from an emergency department, like the one at Strong Memorial Hospital, can take time, so you’ll want to start the process as soon as possible. 

Can You Sue After a Head-On Collision Car Accident in Rochester?

You can sue after a head-on collision car accident in Rochester, New York if your injuries meet the “serious injury” threshold under VTL §5102(d). You’ll likely file a lawsuit in Monroe County Supreme Court, or you can leave that up to our Rochester head-on collision attorneys. We can see if your injury justifies a claim that demands lost wages, medical expenses, and damages related to your pain and suffering.

Serious injuries that meet this threshold usually include:

• Fractures
• Disfigurement
• Permanent loss of a bodily function

How Much Compensation Can You Get for a Head-on Car Crash in Rochester?

After a head-on car crash, you can file a claim to recover your medical expenses, lost wages, property damage, and pain and suffering if you meet the New York serious injury threshold. Medical expenses for your hospital bills, surgeries, and rehabilitation costs should be paid by your no-fault insurance company.

To pursue pain and suffering damages, you’ll need to prove you sustained a serious injury. If it can be proven and you file a personal injury lawsuit in Monroe County Supreme Court, you can demand compensation that reflects the extent of your injuries and losses, which may be much greater than previous insurance limits. To know which types of damages and how much compensation you can demand, get Horn Wright, LLP on the case right away.

Take Legal Action After a Head-On Collision

If you or a loved one were left with serious injuries after a head-on collision with a reckless driver, let Horn Wright, LLP in Rochester help you take legal action. With the resources and insight that large law firms usually have and a genuine interest in your care that you normally only see in smaller law firms, we offer a uniquely personal and effective experience when pursuing compensation after a crash. You deserve a law firm that puts you first and that’s exactly what we do from the start of your case to its conclusion.

Call (585) 245-0255 to ask for a free consultation with our Rochester head-on accident attorneys.