Rochester Rear-End Accident Lawyers

Representation for Accident Claims in Western NY

A rear-end collision can have devastating consequences, causing serious injuries and significant financial burdens. If you've been the victim of a rear-end accident in Rochester, New York, you may be entitled to compensation. At Horn Wright, LLP, our experienced rear-end accident attorneys are dedicated to helping you recover the damages you deserve. We understand the physical and emotional toll that a car accident can take, and we're committed to fighting for your rights.

What Is a Rear-End Car Accident in New York?

Rear-end car accidents are often caused by tailgating, distracted driving, or sudden stops. New York Vehicle and Traffic Law §1129 requires drivers to maintain a safe following distance for the very purpose of avoiding rear-end car accidents. When a driver fails to keep enough space between their vehicle and the one in front of them, they may be held liable for negligence in a personal injury lawsuit. Rochester sees its fair share of rear-end crashes on busy streets and highways like Monroe Avenue and I-490.

What are the Most Frequent Causes of Rear-End Accidents in Rochester?

Rear-end accidents are often caused by tailgating, distracted driving, and sudden braking. Drivers who follow too closely will be in violation of New York’s VTL §1129, which requires drivers to maintain a safe following distance. Distracted driving because of texting on a cell phone or talking on the phone is another common cause of rear-end crashes and prohibited under NY VTL §1225-d. Sudden stops, particularly when entering or in the middle of intersections, also is a major contributor to rear-end accidents. Heavy congestion during Rochester’s rush hour commutes in the morning and afternoon also cause a spike in rear-end collisions.

What’s the Legal Consequence of a Rear-End Accident in New York?

The consequences of a rear-end accident in the eyes of the law will depend on which driver is later found to be at-fault. A violation of New York’s VTL §1129 will create a rebuttable presumption against the driver who rear-ends another driver that they were negligent in falling to keep a safe following distance. The at-fault driver can rebut that presumption however, with allegations that the front vehicle stopped suddenly or unexpectedly. Depending on the VTL provisions violated, and whether they’re later found guilty of those provisions, the at-fault driver can face fines, points on their license, and higher insurance premiums. 

What Injuries Do People Usually Suffer in Rear-End Car Accidents?

Rear-end car accidents most often result in whiplash injuries to cervical (neck) and lumbar (back) spine, and head trauma. Whiplash is caused by the neck or spine being suddenly jerked forward and backward due to the impact. Whiplash will result in herniated discs from the force of even minor car accidents. Whiplash injuries can be made worse if the driver or passenger strikes their head on the steering wheel, dashboard or side window during the impact. Even rear-end accidents at low speeds can cause spine injuries that later require surgical intervention.

How Does New York Law Determine Fault in Rear-End Car Accidents?

Determining who was at-fault for a rear-end accident is often determined if the rear driver violated New York VTL §1129 that requires drivers to leave enough space between their vehicle and the vehicle in front of them. If the rear driver violated that provision they will typically be found negligent in a subsequent personal injury lawsuit in Monroe County Supreme Court. 

However, if the front driver acted negligently themselves by stopping suddenly without an acceptable reason, fault can be shared between both drivers under the New York comparative negligence rule CPLR §1411. The police report and witness statements help determine fault in these cases, and if no consensus is reached there it will become the subject of litigation during a later lawsuit.

How Does Comparative Negligence Apply to Rear-End Car Accidents in New York?

Comparative negligence under CPLR §1411 applies to rear-end car accidents when both drivers share fault for the same rear-end car crash. Although the rear driver is usually presumed at fault for violating New York VTL §1129, there are certain situations where the front driver may share fault for the crash as well. If the front driver stopped suddenly without reason or didn’t have working brake lights they can be found partially, or even fully, at-fault. For those situations the driver pursuing compensation will have their recovery reduced by their respective percentage of fault.

Can You File a Personal Injury Lawsuit After a Rear-End Car Accident in Rochester?

You can file a personal injury lawsuit after a rear-end car accident if your injuries meet New York’s “serious injury” threshold under Article 51 of the New York Insurance Law. Serious injuries include fractures, disfigurement, significant limitation or permanent loss of a bodily function.

If your injuries exceed this threshold, you can sue the at-fault driver for damages in Monroe County Supreme Court for pain and suffering, and for any medical expenses, lost wages or other economic loss that exceed Basic Economic Loss. Your personal injury lawsuit will have to prove various issues like the other driver’s negligence, that their negligence caused the crash and that you sustained serious injuries as a result.

How Do You File an Insurance Claim After a Rear-End Accident in Rochester?

If you were involved in a rear-end accident, you’ll first want to file a claim with your No-Fault insurance company. You need to give your No-Fault insurance company written notice you sustained injuries within 30-days of your accident. No-fault insurance covers medical expenses and lost wages regardless of fault. If your injuries exceed the No-Fault threshold, and you sustained a “serious injury,” you’ll be able to file a claim with the at-fault driver’s insurance company to recover additional damages related to pain and suffering. You’ll want to speak with an experienced Rochester, NY accident lawyer at Horn Wright, LLP, before speaking with the other driver’s insurance company to avoid damaging your case.

What Evidence Is Needed to Prove Fault in a Rear-End Accident?

To prove fault in a rear-end accident, you will need evidence such as the police report, witness statements, and any available traffic camera footage. The police report will document whether the rear driver violated VTL §1129 by following too closely. Photos of the accident scene, vehicle damage, and skid marks can also help establish how the collision occurred. In cases where the front driver shares fault, evidence such as malfunctioning brake lights or erratic driving behavior may be used to prove comparative negligence.

What Types of Compensation Can You Recover from a Rear-End Accident?

After a rear-end accident there are multiple types of Damages you can recover ranging from medical expenses to lost wages, property damage to pain and suffering. Your medical expenses, lost wages, and other minor economic losses will be paid for by your No-Fault insurance company.  If you sustained a “serious injury” under Article 51 of the New York Insurance Law you can pursue a personal injury lawsuit in Monroe County Supreme Court to recover for pain and suffering. That lawsuit can also assert claims for future lost wages and future medical expenses that are above and beyond the benefits provided by your No-Fault insurance.

What Are the Frequent Injuries in Rear-End Car Accidents?

Frequent injuries in rear-end car accidents include whiplash, concussions, and back injuries. Whiplash to your cervical or lumbar spine is caused by the sudden jerking motion of the neck and during the impact of the car crash.  whiplash initially causes sharp radiating pain in your neck and back that often reveals itself as disc herniations and disc protrusions. Whiplash is far more serious than many believe at the outset, with some instances resulting in surgery months or even years down the road after symptoms fail to improve. 

Car accident victims commonly sustain concussions that result from hitting their head off the steering wheel, dashboard, headrest, or side windows during the accident. Although Whiplash may not seem severe immediately after the accident you should nonetheless obtain medical treatment to be certain.

How Does Speed Impact the Severity of Injuries in Rear-End Car Accidents?

Speed plays a very important role in the severity of injuries in rear-end car accidents. At higher speeds, the force of the impact is exponentially greater, leading to more severe injuries like fractures or spinal cord damage. Drivers who violate speed limits under VTL §1180 are more likely to cause serious rear-end collisions. Even at lower speeds on roads such as Winton Road or East Main Street, rear-end accidents can still result in injuries if the impact causes the driver or passengers to hit the steering wheel or dashboard.

What Are the Long-Term Effects of Injuries From Rear-End Car Accidents?

Whiplash is by far the most common injury sustained after a rear end car accident.  Car accident victims who sustain whiplash typically experience disc herniations, disc bulges, or disc protrusions in their neck and back that lead to lengthy courses of medical treatments.  It's not uncommon for people who have sustained whiplash in a car accident to later require surgery or long-term conservative treatment to recover. It's important to speak with an Rochester rear-end car accident lawyer at Horn Wright, LLP, to make sure you fully understand the potential long-term costs of ongoing medical treatments and lost wages before you settle any claims with the at-fault driver’s insurance company

Can Rear-End Accidents Cause Delayed Injuries?

Rear-end car accidents can absolutely cause delayed injuries, where symptoms may not appear immediately after a car crash. Injuries such as whiplash, concussions, or soft tissue spinal damage may not begin to show symptoms for hours or even days after the accident. Even if you think you may not have been seriously injured it's still incredibly important to seek medical treatment to be checked out. There are numerous instances where people were involved in car accidents and believed themselves to not have been injured, only to find out later they sustained very severe injuries that require immediate medical treatment.

How Can Drivers Avoid Rear-End Car Accidents in Rochester?

 The best way that drivers can avoid causing rear-end car accidents in Rochester is by making sure to always maintain a safe following distance behind the vehicle in front of you, avoiding distractions while driving, and making sure to follow all traffic signals on the roadway. Texting while driving is unfortunately all too common despite being prohibited under New York VTL §1225-d. In areas with heavy traffic, like Monroe Avenue or Route 104 in Rochester, staying focused on the traffic around you and following traffic signals and signs can help minimize the likelihood of causing a rear-end car accident.

What Are the Most Frequent Locations for Rear-End Accidents in Rochester?

Rear-end accidents are more prone to happen in high-traffic areas and at intersections in Rochester. Roads like Monroe Avenue, East Avenue, and highways like I-490 see higher rates of rear-end collisions because of stop-and-go traffic and frequent lane changes by motorists. Rear-end accidents happen often at intersections when drivers stop suddenly for red lights or pedestrians and other drivers behind them aren’t paying attention. Drivers need to be cautious in these types of situations by making sure to keep a safe distance from the vehicle ahead of them and avoid making sudden stops or lane changes.

How Can Distracted Driving Lead to Rear-End Car Accidents?

Distracted driving is a major cause of rear-end car accidents. Drivers taking their eyes off the road and failing to notice slowing or stopped traffic not only violates New York Vehicle and Traffic Laws, but it also makes it less likely that they’ll be able to stop in time to avoid hitting the vehicle in front of them. Distracted driving can take many forms from not keeping a safe lookout ahead to playing with the radio instead of keeping your eyes on the road.

Don't Let Insurance Companies Take Advantage of You

Navigating the complexities of a car accident claim can be overwhelming. Insurance companies often prioritize their own bottom line over the needs of accident victims. That's why it's crucial to have a skilled attorney by your side. At Horn Wright, LLP, we'll handle all aspects of your case, from negotiating with insurance companies to litigating your claim in court. We'll fight to ensure you receive the maximum compensation you deserve.

Contact us today for a free consultation at (585) 245-0255 or by filling out a contact form. Let us help you get your life back on track.