Rochester Car Accident Lawyer
Car accidents can happen for many reasons in Rochester, and these incidents are a leading cause of accidental injuries and deaths throughout New York each year. When you have been hurt in a car accident, you’re likely to have many legal questions about your recovery options in this situation. An experienced Rochester car accident lawyer can be an invaluable resource to your recovery efforts.
Representing Car Accident Victims in Rochester, NY
The attorneys at Gattuso & Ciotoli, PLLC, have more than 60 years of combined experience representing injured clients in a wide range of complex accident cases, including car accident cases. It’s natural to have many legal questions in the aftermath of an accident. You may wonder whether you have grounds for legal action if another driver caused the crash, and dealing with an auto insurance claim can be difficult in many ways.
Many accident victims in Rochester do not seek legal representation, mistakenly assuming they cannot afford to hire legal counsel or believing that they can maximize their compensation without assistance. The reality is that even seemingly straightforward accident cases can be challenging to resolve, and it is possible for any injured driver to encounter a host of unpredictable complications that they will not be able to resolve on their own.
Our team can provide ongoing support through all phases of your recovery efforts, from proving exactly how the accident happened and identifying the party or parties responsible to uncovering the full scope of the damages you are eligible to claim. Our goal in every accident case we accept is to help our client maximize their recovery as efficiently as possible. Reach out to our firm at your first opportunity to learn more about the legal services we provide to Rochester clients.
Understanding New York Car Accident Laws
In 2023, there were 14,573 car accidents involving multiple vehicles in Monroe County. According to the Office of the New York State Comptroller, motor vehicle fatalities in New York State skyrocketed nearly 26% between 2019 and 2022. In 2022 alone, there were 1,175 vehicle accident fatalities throughout New York, and this was the highest yearly total recorded since 2013.
Accidents can happen in many ways, and the most commonly cited cause of multi-vehicle accidents is driver negligence. Negligence can be defined as any failure to use reasonable care in a specific situation. For example, distracted driving, speeding, and moving violations are a few of the most commonly cited forms of driver negligence throughout New York each year. Accidents also commonly occur due to intoxicated and reckless driving.
New York follows a no-fault system when it comes to resolving automobile accident cases. This means that regardless of who is at fault for causing an accident, injured drivers must use their own individual auto insurance policies to pay for medical bills and lost income up to the limit of their no-fault insurance coverage. Every driver is required to have insurance that meets minimum coverage requirements.
This may sound like it would prevent you from seeking compensation from an at-fault driver who caused your recent accident, but this is not true in every case. If a victim suffered a serious injury, they can pursue a personal injury case. You may also be able to seek compensation from your own insurance company for pain and suffering damages if the other driver did not have adequate insurance and you have SUM coverage on your policy. In these situations, it is important to place your own insurance company on notice of this possibility as soon as possible.
Proving Liability for a Car Accident
When another driver has caused a serious injury, you will need to gather evidence to prove fault for the accident if you intend to pursue a personal injury case against them. An experienced Rochester car accident lawyer can gather essential evidence and resolve any disputes that may be raised against you. For example, the other driver may claim that you were also negligent and contributed to causing the accident.
Ultimately, you may have multiple avenues of recovery available to you after a serious car accident in Rochester, and the right attorney can be an invaluable resource for all of the legal proceedings that follow the accident. Gattuso & Ciotoli, PLLC, will work diligently to help you maximize your recovery when you have suffered a serious injury due to another driver’s negligence or misconduct behind the wheel.
Recovering From a Car Accident in Rochester
Insurance companies will generally try to settle claims for as little as possible. Some will attempt to use claimants’ own words against them and try to justify lowball settlement offers or claim denials. Having an experienced attorney help you with your claim will ensure you are treated fairly and receive an appropriate settlement offer.
New York law allows an injured accident victim to file a personal injury case against the driver who caused their accident if the victim suffered a serious injury. This means they must have sustained some type of injury that caused permanent disability, resulted in the loss of a bodily function, or resulted in permanent disfigurement. Severe burns, traumatic brain injuries, spinal cord injuries, fractures, certain back and neck injuries and amputation injuries are also examples of serious injuries.
If you have suffered a serious injury and qualify to file a personal injury suit against the at-fault driver, you have the right to seek full compensation for economic and pain and suffering damages from physical injuries a defendant has caused.
You can only expect compensation from your own insurance policy up to the coverage limits of the no-fault coverage for your medical bills and lost income. So, if you have grounds to file a personal injury suit against an at-fault driver, it is crucial to work with a seasoned attorney to maximize your chance of success. You are not only more likely to win a personal injury case with an attorney’s help, but you will also be more likely to maximize your total compensation.
Winning a personal injury case in New York will require establishing liability for the accident. You must prove who caused the accident, how they caused it, and the full extent of the resulting damages. The attorneys at Gattuso & Ciotoli, PLLC, have successfully represented many past clients in personal injury cases in Rochester, and we are confident we can guide you to a positive outcome for your case.
FAQs
Q: Is New York a No-Fault State for Vehicle Accidents?
A: Yes, New York is a no-fault state for vehicle accidents. This means that all drivers are required to have no-fault auto insurance policies and to claim against their own policies when accidents happen, regardless of who was at fault. However, when a car accident victim has suffered a severe injury, they are likely eligible to file a personal injury suit against the at-fault driver, seeking compensation for the damages that their insurance policy won’t cover.
Q: How Much Compensation Can I Claim for a Car Accident in Rochester?
A: The amount of compensation you can claim for a car accident in Rochester depends on the severity of your injuries, the terms of your insurance policy, and whether you have grounds to file a personal injury suit against the at-fault driver. If you are eligible to file a personal injury case, it’s possible to claim compensation for any economic and non-economic damages you suffered from the defendant’s actions.
Q: How Can I Prove Liability for a Car Accident in Rochester?
A: It’s possible to prove liability for a car accident in Rochester using various forms of evidence. Your Rochester car accident lawyer can gather evidence like vehicle computer data, cell phone records, testimony from eyewitnesses, and traffic camera recordings, if available. It is important that you start gathering this evidence as quickly as possible after the accident, as it may not be available for very long.
Q: Why Do I Need to Hire a Rochester Car Accident Lawyer?
A: You need to hire a Rochester car accident lawyer to have the greatest chance of maximizing your recovery after a car accident. Whether you are filing an auto insurance claim or you need to file a personal injury suit, you have the greatest chance of success with your case when you have legal representation you trust on your side. You will be better prepared to resolve any unexpected complications that arise throughout your recovery efforts.
Q: What Does It Cost to Hire a Rochester Car Accident Lawyer?
A: The cost to hire a Rochester car accident lawyer will be a percentage of your total compensation when you choose Gattuso & Ciotoli, PLLC, to represent you. We take these cases on a contingency fee basis, meaning we only charge our client a fee if and when we win their case. This ensures you do not pay more for legal counsel than you win in compensation, and if there is no recovery, there is no fee.
Gattuso & Ciotoli, PLLC, can provide comprehensive and results-driven legal representation when you need it most after a car accident in Rochester. These incidents can be traumatic, and the aftermath can be confusing, but with our help, you can make sense of your legal options. Contact Gattuso & Ciotoli, PLLC, today to schedule your free consultation with an experienced Rochester car accident lawyer.