Rochester Speeding Accident Attorneys

Advocates for Accident Victims in Monroe County

Were you injured in a car accident caused by a speeding driver in Rochester, NY? Speeding is a major risk factor for accidents, and if you've been hurt due to someone else's disregard for the law, you deserve compensation for your injuries. At Horn Wright, LLP, our experienced Rochester speeding car accident attorneys understand the physical, emotional, and financial toll these accidents can cause. We'll fight to recover the maximum compensation you deserve for your medical bills, lost wages, and pain and suffering.

Our Rochester speeding accident lawyers serve victims across Monroe County and beyond. Call (855) 465-4622 or contact us online 24/7 for a FREE consultation.

How Does Speeding Increase the Chances of a Rochester Car Accident?

Rochester drivers that speed on highly traveled roadways like Route 490 and Route 104 significantly increase the chances of a car accident. Traveling in excess of the speed limit is prohibited by NY Vehicle and Traffic Law §1180(a). Studies have shown speeding limits a driver’s ability to react to sudden changes in the driving environment, and with it the ability to safely stop their vehicle or avoid causing an accident. Traveling at a speed in excess of what the weather conditions dictate, such as during snow or rain, also further limits a driver’s ability to react and avoid danger. Speeding as a cause of car accidents isn’t limited to high-speed roads either. Roads like Park Avenue or Monroe Avenue regularly see car accidents caused by speeding drivers.

What New York Laws Prohibit Speeding?

Speeding is a violation of New York VTL §1180. Drivers caught speeding can face fines and points on their license from speeding not only under New York VTL §1180, but also §1180-a and §1180-b. 

Being ticketed for speeding doesn’t necessarily mean the driver is negligent for personal injury purposes if it results in a car accident, but it’s a heavy bias against the driver. If, however, the driver is later found guilty of speeding it will result in a finding of negligence per se against them in a personal injury lawsuit in Monroe County Supreme Court. Severe cases where the driver’s speeding results in death can lead to serious criminal charges depending how fast over the legal limit the driver was traveling.

How Does Speeding Impact Who is At-Fault for a Car Accident?

Speeding is one of the first things that the Rochester Police Department or Monroe County Sheriff’s Office will look at after the accident, since it’s such a strong indicator that the driver wasn’t following the rules of the road. New York’s comparative negligence rule means that even if you’re claiming personal injuries from a speeding car accident, if you were also speeding you could have your overall damages reduced by your percentage of fault. Insurance companies will look at police reports, witness statements and later on deposition testimony to see if speeding played a part on either or both sides to apportion fault.

What Injuries are the Result of Speeding Car Accidents?

Car accidents caused by a speeding driver usually, at a minimum, result in the same type of injuries as most any other car accidents: whiplash, fractures, traumatic brain injuries, and internal injuries like disc bulges and disc herniations. Higher-speed crashes caused by a speeding driver present enhanced impact forces that more often than not will require extensive medical treatment. What would otherwise be a disc bulge or disc herniation needing only chiropractic treatment or physical therapy after a crash may now require surgery because the speeding driver added impact forces so much more severe.

Can You Sue for Injuries in Rochester After a Speeding Car Accident?

In Rochester, you can file a personal injury lawsuit in Monroe County Supreme Court after a car accident that was caused by speeding. To be successful your injuries do need to meet the “serious injury” threshold of New York Insurance Law Article 51, or you have to have sustained economic loss in excess of Basic Economic Loss. There are nine different ways your injuries can meet the serious injury threshold, and if you do you can proceed forward during your lawsuit for pain and suffering. If it was clear that your accident was caused by a speeding driver, the liability portion of your case proving negligence will be relatively straightforward.

How Do You File an Insurance Claim After a Speeding-Related Accident?

If you've been involved in a car accident that was caused by another driver speeding the first thing you should do is contact your insurance company to begin setting up your No-fault insurance claim. Your No-Fault benefits will cover your medical bills, 80% of your gross lost wages up to $2,000 per month, and other reasonable and necessary expenses caused by the crash. The next thing you can do is contact the other driver’s insurance company to open up a bodily injury claim. It's advisable to speak with an experienced car accident lawyer at Horn Wright, LLP,  before speaking with the other driver’s insurance company so you don't say anything that could be misconstrued against you and harm your case.

What Evidence Is Needed to Prove a Driver Was Speeding in an Accident?

The evidence you need to prove the other driver was speeding will depend on the specific facts of your case. Usually, the responding police officer from the Rochester Police Department or Monroe County Sheriff's Office will include observations made at the scene that show whether or not the other driver was speeding. 

In some instances, there may be a nearby business or home that has an outdoor security camera that may have caught footage of the accident you can also use. In busy areas like West Main Street there are multiple cameras situated all along the roadway. In some instances (although rare) the other driver may admit at the scene that they were traveling over the speed limit. Your attorney will be able to make specific requests tailored to the facts of your case to prove the other driver's negligence

What Compensation Can You Recover After a Speeding-Related Car Accident in New York?

If you were injured in a car accident that was caused by another driver speeding you can recover several different types of damages. First, after filing a claim with your No-Fault insurance company you'll be able to recover for your medical bills, lost wages, and other reasonable and necessary expenses like mileage traveling back and forth to medical appointments. If your injuries rise to the level of a “serious injury” under New York law you'll be able to file a personal injury lawsuit in Monroe County Supreme Court to pursue damages for pain and suffering, as well as future medical expenses and future lost wages.

What Are the Frequent Injuries in Car Accidents Caused by Speeding?

Injuries caused by speeding car accidents are very similar to those caused by other types of car accidents. Whiplash, fractures, and spinal cord injuries including disc herniations and disc bulges are usually the most prevalent because of the high impact forces created from the speed of the vehicles at the time of impact. Whiplash injuries usually begin immediately after the accident with feelings of radiating numbness and pain from a person's spine into their extremities. It's not uncommon for whiplash injuries to fail to improve from conservative treatment and later require surgical intervention.

How Does Speeding Increase the Severity of Injuries in Car Accidents?

Speeding increases the severity of injuries in car accidents because the force of impact is exponentially increased from the speed of the vehicles colliding compared to a car accident where both vehicles are traveling at the speed limit. Speeding also reduces the ability of both drivers to take evasive maneuvers to minimize the impact, such as turning at the last moment to avoid a direct impact. Injuries from speeding include a higher rate of fractures and traumatic brain injuries because of these increased forces.

What are the Long-Term Effects of Injuries from Speeding Car Accidents?

The long-term effects of injuries from speeding car accidents include chronic spine pain, loss of range of motion, and ultimately permanent disabilities from the underlying injuries. Traumatic brain injuries frequently occur from the occupants of the vehicle striking their head on airbags or side windows that leave permanent cognitive impairments or memory loss. Whiplash injuries that would otherwise be limited to ligament injuries are instead caused by disc bulges and disc herniations that don't respond to conservative treatment like chiropractic or physical therapy

How Does Speeding Contribute to Fatal Car Accidents in Rochester?

Speeding is a major factor in fatal car accidents from the reduction in a driver's ability to react and avoid a collision. High speed accidents in Rochester on roads like I-490 or Route 104 see far fewer drivers who can avoid the crash or mitigate the points of impact, which leads to even more severe injuries or death.  Safety devices and vehicles like seat belts and airbags are only able to contain the impact forces to a certain point before the other driver and passengers sustain severe injuries.

What Should You Do After Being Injured in a Speeding-Related Car Accident?

If you've been injured in a car accident where the other driver was speeding the first thing you want to do, like any other car accident, is to seek medical treatment to make sure you don't have any life-threatening injuries. Even though you may not think you have a severe injury you should nonetheless be evaluated by a medical provider to confirm. Once your injuries have been treated you'll want to reach out to your no-fault insurance company to place them on written notice within the 30-day deadline so you don't jeopardize your receipt of benefits.

How Can Drivers Avoid Speeding-Related Car Accidents in Rochester?

The best way drivers can avoid car accidents caused by speeding is the most obvious: make sure to always obey the speed limits and adjust driving speed based on the road conditions. Even though you may drive back and forth on I-390N every day for work, if it's snowing that day you should reduce your speed accordingly. When driving in Rochester on roads like Monroe Avenue, even if weather isn't a factor you should still reduce your speed if there is high traffic volume. Distractions can also play a key role in avoiding speeding accidents by allowing you to properly monitor your speed at all times.

What Are the Most Frequent Locations for Speeding-Related Accidents in Rochester?

Speeding-related accidents in Rochester frequently occur on highways and roads with higher speed limits. Roads like I-490, Route 104, and Monroe Avenue are known for speeding-related accidents because of high traffic volume. Intersections and curves on those roads can quickly become dangerous when drivers fail to slow down in time. Speeding accidents most commonly result in rear-end collisions when a driver isn't able to stop in time when traveling behind another driver, especially during rush hour or in poor weather conditions. 

How Does New York Law Penalize Drivers for Speeding?

Under New York law speeding is prohibited under New York VTL §1180. Drivers who speed face not only monetary fines and points on their license, but also increased insurance costs. The monetary fines and points on their license will depend on how far above the speed limit the driver was going. A driver that speeds 10 mph over the speed limit will face a different penalty than a driver that speeds 30 mph over the limit. In cases where speeding causes an accident, the driver will have the evidence of their speeding used against them to show they were negligent in causing the car crash.

How Does Speed Enforcement Prevent Car Accidents?

Enforcing the speed limit  has a considerable impact on preventing car accidents caused by speeding drivers. The Rochester Police Department and Monroe County Sheriff's Office use various tools to combat speeding like radar guns, speed cameras, and traffic patrols to monitor high-risk areas. In Rochester, speed enforcement is frequently present on highways like I-490 and Route 390, and even major streets like University Avenue or Park Avenue. Fines and penalties for speeding violations are designed to prevent drivers from breaking the law and help reduce the risk of them causing a car accident because of speeding.

How Does Technology Reduce Speeding Car Accidents in Rochester?

Speed-reducing technologies like cruise control help prevent speeding-related accidents by helping drivers keep an eye on their speed when driving. Newer vehicles come equipped with technology that automatically adjusts the vehicle’s speed based on road conditions and posted limits. Adaptive cruise control helps drivers maintain a safe distance between cars in an attempt to eliminate the risk of causing a rear-end car accident. High-traffic areas like Exchange Boulevard or Mt. Hope Avenue are places that benefit from this newer technology when a driver’s attention is sometimes consumed from pedestrians and other things going on nearby.

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