Rochester Tailgating Accident Lawyers

Justice for Tailgating Accident Victims in Rochester, NY

Tailgating is a driving behavior that drastically increases the risk of a rear-end car accident. In a city like Rochester, New York, with high-traffic roads like Monroe Avenue, Route 104, and I-490, tailgating is an unwelcome common occurrence. These types of accidents can lead to severe injuries, piles of medical bills, and legal battles over who was at fault.

The car accident lawyers at Horn Wright, LLP, fight for victims of tailgating car crashes so they recover the compensation they deserve. Our attorneys approach tailgating accidents with a personalized approach to guide you through the legal battlefield from start to finish.

What is “Tailgating” and Why Is It Dangerous?

Tailgating is when a driver follows another vehicle too closely, leaving insufficient distance to stop safely if that vehicle suddenly slows or stops. Tailgating is dangerous on busy roads in Rochester or when the weather is bad because several risk factors increase to make the odds of a crash far more likely:

• Reduced reaction time: Following too closely gives the tailgating driver very little time to react to sudden braking or hazards that suddenly appear. Losing those few fractions of a second in reaction time to brake can mean the difference between stopping safely and causing a crash.
• Increased collision impact: At higher speeds, a lack of stopping distance can result in more severe accidents and injuries. If it takes that much longer to bring the vehicle to a stop, that energy instead is transferred into the vehicle being struck.
• Chain-reaction crashes: Tailgating accidents frequently lead to multi-car pileups, especially on highways like I-390 or during rush hour where several vehicles can be packed in tightly while traveling.

Winter weather in Rochester is a major cause of tailgating accidents. Drivers underestimate how snow, ice, and rain reduce tire traction and increase the stopping distance needed to avoid causing a rear-end crash. Tailgating is easily preventable by simply allowing enough space when driving between your vehicle and the one in front of you. Those who fail to do that, and cause a crash, can find themselves liable in a personal injury lawsuit.

Understanding Comparative Negligence in Tailgating Accidents

Determining fault in tailgating car accidents will involve New York’s comparative negligence law. That law allows fault to be apportioned among multiple parties, and can reduce the amount of recovery an accident victim can recover if they were at fault in any way for the accident.

In tailgating crashes, a few main factors will be examined to see if fault should be placed on a single driver or multiple drivers involved. Some of the questions attorneys, courts, and juries will look at in seeing if there was comparative negligence are:

• Did the at-fault driver follow too closely, speed, or drive aggressively?
• Was the lead driver braking unnecessarily or stopping abruptly?
• Were factors like wet or icy pavement contributing to the crash?

If a driver tailgates another vehicle but the lead driver stops suddenly without a valid reason, both vehicles can end up being found at fault. If one of the drivers pursued a claim for pain and suffering, their compensation can be reduced by their respective percentage of fault. Our attorneys at Horn Wright, LLP, have experience handling all different fact patterns in tailgating cases, and know how to show the other driver was at fault for the crash.

Lost Wages and Medical Expenses in Tailgating Accidents

Tailgating accidents can cause multiple types of physical and emotional injuries, which in turn can result in significant medical expenses and lost income from work. Car accident victims are left with financial burdens on top of recovering from their injuries like whiplash, disc herniations, or brain injuries from the collision. New York is one of a handful of states that provide No-Fault benefits to help cover your medical bills and your lost wages.

Medical Costs Associated with Tailgating Accidents

Injuries from tailgating accidents can require extensive and costly medical treatments, from emergency room visits, chiropractic treatments, to physical therapy sessions. Depending on the severity of the tailgating crash, victims can sustain all different types of injuries:

• Cervical spine injuries: The sudden force of a rear-end collision can cause damage to the cervical spine from whiplash forces.
• Lumbar spine injuries: Conditions such as herniated discs, fractures, and chronic pain often result from the impact even in low-speed crashes.
• Head trauma: Tailgate accident victims can experience concussions or in severe cases brain injuries if their head strikes the steering wheel, window, or other hard surfaces.
• Internal injuries: The force of the crash may damage organs, like collapsed lungs, lacerated spleens, or other internal injuries that require emergency medical treatment.
• Fractures: Broken bones, particularly in the hands, arms, or legs, are common in rear-end accidents.

Victims often require treatment at facilities such as Strong Memorial Hospital or Rochester General Hospital. No-fault insurance should provide coverage for medical expenses and lost wages up to the minimum aggregate amount of $50,000, but those benefits can fall short in cases with severe injuries. If your medical expenses and lost wages exceed $50,000 you can pursue a personal injury lawsuit to recover for pain and suffering as well as your economic losses.

Lost Wages and Financial Impacts

In addition to mounting medical expenses, tailgating accident victims may face lost wages if their injuries prevent them from working. Your New York No-Fault benefits should cover most of your lost wages, and those wages above that coverage can be recovered in a personal injury lawsuit. These financial losses can include:

• Missed paychecks: Compensation for income lost during recovery when you’re unable to return to work.
• Reduced earning capacity: Payment for long-term or permanent disabilities that limit future earning potential, such as if you’re able to return to work but only in a limited capacity.
• Lost opportunities: Reimbursement for missed promotions, bonuses, or lost business revenue for self-employed individuals.

New York No-Fault benefits offer partial wage reimbursement, but this coverage can quickly be insufficient for victims with serious injuries who are unable to return to work. A personal injury case can help recover the full scope of your lost wages. Speaking with an experienced car accident lawyer can help confirm your claim includes the entirety of your wage losses.

The Role of Dash Cameras in Tailgating Cases

Dash cameras have become incredibly valuable in tailgating accident cases, giving drivers clear evidence of what exactly happened before and during a crash. Each year dash cameras become more and more affordable and provide different options to fully capture all angles of your vehicle when driving.

Dash cameras provide clear and reliable evidence that can help prove liability by capturing a driver’s unsafe following distance or aggressive behavior, such as weaving or tailgating. This proof is often more persuasive than verbal accounts of what a person saw. Dash cameras can also disprove false claims. If the at fault driver claims the lead vehicle braked suddenly or intentionally caused the crash, the dash camera can provide indisputable proof to the contrary.

Using dash camera footage can also expedite legal battles on liability for the crash. Having clear, undeniable evidence of tailgating or aggressive driving, insurance companies are more likely to settle cases quickly and for a more reasonable settlement number when they have no room to fight. Dash cameras cut down on the tricks insurance companies play trying to minimize the value of your case.

Why You Need an Experienced Tailgating Accident Lawyer

Tailgating accidents can be the start of a lengthy court battle trying to determine who was truly at fault, and with New York’s comparative negligence rule more than one driver can be to blame. An experienced car accident lawyer can help protect your rights and make sure you receive the compensation you deserve for your injuries and damages.

How does Horn Wright, LLP, help tailgating accident victims?

• Comprehensive case evaluations: We thoroughly investigate your accident, gathering evidence such as dash camera footage, police reports, and secure any eyewitness testimony to build a strong case.
• Accurate damage assessment: Our attorneys work closely with medical professionals and experts to ensure that all your losses—medical expenses, lost wages, pain, and suffering—are accounted for.
• Skillful negotiations: Insurance companies often try to downplay liability or offer low settlements. We fight to ensure you receive the compensation you deserve.
• Aggressive litigation: If a fair settlement cannot be reached, our trial attorneys are fully prepared to take your case to court and advocate for your rights.

Horn Wright, LLP, is dedicated to helping Rochester accident victims navigate these challenges and achieve the best possible outcomes for their personal injury cases. Contact us today for a consultation and let our dedicated team fight for the justice and compensation you deserve.