Injured in Rochester? Don’t Let Them Trick You Into Taking the Blame. 

After an accident, most people feel overwhelmed. You’re dealing with medical bills, lost wages, and nonstop calls from the insurance company. But here’s the worst part—they might try to blame you. If they succeed, they’ll pay you less or nothing at all. Don’t let them get away with it. 

Our personal injury attorneys at Horn Wright, LLP, know their tactics inside and out. Our Rochester attorneys have fought and won cases where insurance companies tried to twist the truth. We don’t back down, and we don’t let them push our clients around. If you were injured in Rochester, we’re here to make sure you get the compensation you deserve.  

How Insurance Companies Exploit Shared Fault to Avoid Paying You 

Insurance companies are businesses first. Their goal? Pay out as little as possible. In New York, they use something called comparative negligence to do it. If they can prove you were even a little bit at fault, they slash your payout. 

They might argue: 

• You were a distracted driver and not paying attention. 
• You didn’t react quickly enough to avoid the accident. 
• You violated a minor traffic rule, like going a few miles over the speed limit. 

It doesn’t matter if the other party was reckless. If they pin part of the blame on you, they reduce their payout. The personal injury lawyers at Horn Wright, LLP, fight hard to make sure absolutely none of the other party’s blame is put on you. 

Rochester’s Comparative Negligence Law: What You Must Know to Win 

New York follows a pure comparative negligence rule. That means your compensation is reduced by your percentage of fault. If you’re 20% at fault, you lose 20% of your award. If you’re 60% at fault, you lose 60%. 

This is different from other states that have a strict cutoff at 50%. In Rochester, even if you’re 99% at fault, you can still technically recover 1% of your damages. But let’s be real—that won’t help much. The goal is to keep your fault as low as possible so you get the maximum payout. 

Think 50% Fault Means No Compensation? Not So Fast! 

Some people assume that if they’re partially at fault, they don’t have a case. That’s exactly what the insurance companies want you to think. In reality, fault is often split, and victims still walk away with significant compensation. 

Say you were in a car accident on a car accident hotspot like I-490. The other driver ran a red light, but you were going a few miles over the speed limit. The insurer argues you were 30% at fault. That doesn’t mean you lose everything. If your damages total $100,000, you can still recover $70,000. That’s money you need for medical bills, getting your lost wages, and your pain and suffering. 

Never assume you don’t have a case. A Rochester injury attorney at Horn Wright, LLP, can push back against unfair fault claims and fight for every dollar you deserve. 

Foolproof Ways to Reduce Your Fault and Strengthen Your Case 

Insurance companies will dig for anything to shift blame onto you. They have teams of adjusters trained to analyze every detail of an accident to lower their payout. Uur Rochester lawyers see the same tricks time and time again. The good news? There are concrete steps you can take to protect yourself and strengthen your case. The actions you take immediately after an accident can significantly impact your claim, so you want to be proactive. From collecting evidence to working with a seasoned attorney, every move matters. 

Here are some key ways to protect yourself and lower your fault percentage: 

• Gather evidence immediately – Take good crash scene photos, get witness statements, and document everything. 
• Don’t admit fault – Even saying "I’m sorry" can be used against you. 
• Seek medical attention – Delaying treatment for things like disc herniations and protrusions makes insurers argue your injuries aren’t serious. 
• Follow traffic laws – Even minor violations can be used to pin fault on you. 
• Hire an attorney early – The sooner you have legal representation, the harder it is for insurers to manipulate the case against you. It’s why you want to hire a personal injury attorney even if it wasn’t your fault. 

How a Tough Rochester Attorney Can Stop Insurers From Scamming You 

Insurance companies have teams of adjusters and lawyers trained to minimize payouts. You need someone who knows how to fight back. That’s where injury lawyers at Horn Wright, LLP, comes in. We know Rochester’s roads, Monroe County Supreme Court, and insurance tactics. We’ve handled cases just like yours and won. If you’re being blamed unfairly or need help proving your case, we’re here to make sure you get every dollar you deserve. 

Our legal team knows how insurers try to manipulate the system to their advantage. We fight aggressively to ensure that you aren’t taken advantage of and that the true facts of your case are presented.  

Contact our Rochester law office today for a FREE consultation and let’s get started on your case.