Can I Be Successfully Sued For Waving A Car In Front Of Me In Rochester, New York?

Jed Dietrich, Esq., Recognized as a Best Lawyer and American Institute of Personal Injury Attorneys 10 Best Attorney, is Committed to Protecting the Rights of Car Crash Victims Across Rochester. If You, or a Loved One, Have Been Injured in a Monroe County Car Accident That Was Not Your Fault, Our Experienced Team of Attorneys Could Help You Collect the Evidence You Need to Obtain a Fair Settlement.

Rochester’s busy roadways can seem downright chaotic. Even experienced motorists may struggle to make sense of the city’s intricate network of tight turns and fast-moving freeways. Any lapse in attention, no matter how momentary, could leave drivers stranded amidst heavy traffic.

Since everyone understands that navigating Rochester is not always easy, motorists sometimes try to help each other by yielding their right-of-way. This is often accomplished with a wave or a similar gesture, typically intended to signal the absence of any oncoming traffic.

However, no matter how appreciated, this form of cooperation can give rise to unexpected risks. While one car might slow to let another merge, other motorists may not understand why traffic suddenly stops. Instead of reducing their speed, they might continue accelerating, trying to save precious seconds on their way to work or commute home.

Accidents caused by waving another car across the road may be common, but they can have life-altering repercussions. Victims could suffer serious injuries—injuries that could leave them disfigured, disabled, or otherwise unable to lead happy, independent lives. Even with no-fault insurance and comprehensive health coverage, recovery could seem unattainable.

The Dietrich Law Firm P.C. believes nobody should be forced to bear the burden of recovery alone. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling case for compensation and have the results to prove it. Since our founding in 2005, we have helped clients across the region secure more than $250 million in damages. We could help you, too. Please message us online or call us at 585-939-3939 to speak to a Rochester car crash attorney and schedule your no-cost consultation as soon as possible.

New York, like several other states, employs a no-fault insurance system. Under the Empire State’s no-fault rules, most motorists must submit a claim for accident-related compensation to their insurance company. Subject to some exceptions, the insurance company is responsible for paying “reasonable and necessary” costs, including those for medical treatment and lost income from work.

However, no-fault insurance policies have obvious limitations. Insurance adjusters sometimes refuse to cover physician-recommended treatment and are only obliged to pay employment-related benefits for a set period. Consequently, accident victims who have suffered particularly serious injuries, including disfiguring and disabling injuries, cannot always obtain the resources they need to begin reclaiming their physical independence.

Empire State legislators have long since recognized the shortcomings of New York’s insurance system. Under state law, accident victims who have suffered specific serious injuries are afforded the right to file an additional claim for compensation against every person or party who caused their collision-related injuries.

Personal injury plaintiffs must be able to establish the following:

1. The at-fault motorist owed them a duty of care;
2. The at-fault motorist breached their duty of care by acting negligently;
3. The at-fault motorist’s negligence was the direct or proximate cause of the victim’s injuries; and
4. The accident resulted in damages that a New York court can compensate.

Depending on the circumstances of an accident, a motorist who invites another person into traffic—another driver, a cyclist, or even a pedestrian—could assume a duty of care for that person’s well-being. If the invitation causes, or results in, an accident, the victim could name the inviting driver as a defendant in a personal injury lawsuit.

However, any accident involving a right-of-way violation could be challenging to litigate. Such claims are often reliant on eyewitness testimony and other types of circumstantial evidence—evidence that is almost always challenged by defense attorneys and can sometimes be excluded from trial.

Even if a plaintiff plausibly alleges that a third party negligently waved them into traffic, their recovery could be endangered by the Empire State’s rules on comparative negligence.

Every state sets its own rules for recovery in personal injury claims. While these rules are similar, they often vary in how fault and liability are divided between the involved parties. In some states, an accident victim cannot recover damages if their own misconduct contributed to their injuries, even if they only made a minor mistake.

However, New York does not necessarily bar personal injury plaintiffs from obtaining compensation, even if they are found partially at fault for an accident. Instead, New York employs its own version of the comparative negligence doctrine. This doctrine holds that a claimant can still recover damages, provided that they are not found to be 100% responsible for their damages.

Damages in a personal injury claim could include, but are not limited to, the following:

1. Paid medical bills;
2. Anticipated care needs;
3. Physical therapy;
4. Lost income from work;
5. Diminished earning potential;
6. Emotional pain and suffering;
7. Mental health counseling;
8. Loss of enjoyment;
9. Disfigurement; and
10. Wrongful death.

New York does not limit the damages recoverable in most personal injury claims.

However, under its comparative negligence rules, a claimant’s compensation can be reduced proportionate to the court’s fault finding. In other words, if a plaintiff is found 10% liable for their accident, the value of their case will be reduced by 10%. These rules can create unique and compelling problems for accident victims who were negligently waved, or invited, into traffic by an otherwise uninvolved third party.

While the inviting motorist could be found at fault for negligently inciting the victim to re-enter traffic, the court may find that the victim should have exercised additional caution when maneuvering their person or their vehicle into another lane. Unfortunately, any such finding of fault—even when minor—could deprive a victim of a not-insignificant share of their recovery.

The Dietrich Law Firm P.C. is committed to providing unparalleled personal injury service. If you or a loved one has been injured in a Rochester car crash that was not your fault, our experienced team of attorneys could help you investigate the causes of your accident, collecting the evidence needed to establish another motorist’s fault. Please message us online or call us at 585-939-3939 to schedule your free, no-obligation consultation.

Call the Dietrich Law Firm P.C. immediately at 585-939-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Rochester, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!