1. Faraci Lange, LLP
Practice Focus: Car accidents, truck accidents, motorcycle accidents, medical malpractice, product liability, defective drugs and medical devices, wrongful death
Case Types Handled: Rear-end collisions, head-on collisions, T-bone accidents, multi-vehicle pileups, drunk driving accidents, distracted driving accidents, commercial vehicle accidents, traumatic brain injuries, spinal cord injuries, catastrophic injuries
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims, no-fault insurance claims
Background: Faraci Lange has been serving Western New York since 1968 with over 50 years of experience. The firm has 12 lawyers selected for inclusion in the annual Upstate New York Super Lawyers list and 11 attorneys listed in Best Lawyers in America for Personal Injury Law. The firm has been named a Best Law Firm in both Rochester and Buffalo for personal injury, medical malpractice, and product liability. Six attorneys have earned the prestigious Martindale-Hubbell AV Preeminent Rating. The firm operates as true trial lawyers fully prepared to represent clients through all stages of litigation.
Location: Rochester and Buffalo, NY
Contact: (888) 997-4110 | https://www.faraci.com/
Consultation: Free initial consultation, contingency fee arrangement
2. Cellino Law
Practice Focus: Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, construction accidents, medical malpractice, wrongful death
Case Types Handled: Rear-end collisions, head-on collisions, T-bone accidents, multi-vehicle pileups, drunk driving accidents, distracted driving accidents, commercial vehicle accidents, workplace injuries, slip and fall accidents, traumatic brain injuries
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, no-fault insurance claims, medical expense recovery, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Cellino Law has a team of experienced personal injury attorneys dedicated to serving Rochester and ensuring justice for accident victims. The firm handles cases throughout New York State including Buffalo, Rochester, Syracuse, and Albany regions. The attorneys understand New York’s unique no-fault insurance system and serious injury threshold requirements, which affect when injured parties can pursue claims beyond no-fault benefits.
Location: Rochester, NY
Contact: Contact via website | https://www.cellinolaw.com/
Consultation: Free consultation, contingency fee arrangement
3. DeFrancisco & Falgiatano Personal Injury Lawyers
Practice Focus: Car accidents, truck accidents, motorcycle accidents, medical malpractice, premises liability, product liability, wrongful death
Case Types Handled: Rear-end collisions, head-on collisions, T-bone accidents, drunk driving accidents, distracted driving accidents, commercial vehicle accidents, slip and fall accidents, defective product injuries, birth injuries
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, no-fault insurance claims, medical expense recovery, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: The attorneys at DeFrancisco & Falgiatano are passionate about advocating for accident victims throughout Rochester, Syracuse, and Upstate New York. Attorney Jeff DeFrancisco is a member of the Top 1% Trial Counsel and has extensive experience handling personal injury and medical malpractice cases. He has obtained some of the highest verdicts in Upstate New York. The firm provides personalized, results-oriented representation to help clients receive the compensation they deserve.
Location: Rochester and Syracuse, NY
Contact: (833) 200-2000 | https://www.defranciscolaw.com/
Consultation: Free consultation, contingency fee arrangement
4. John Wright Law Firm, PLLC
Practice Focus: Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, wrongful death, catastrophic injuries
Case Types Handled: Rear-end collisions, head-on collisions, T-bone accidents, multi-vehicle pileups, drunk driving accidents, distracted driving accidents, commercial vehicle accidents, traumatic brain injuries, foot injuries, soft tissue injuries
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, no-fault insurance claims, medical expense recovery, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: For over 20 years, attorney John K. Wright has fought and consistently beat insurance companies, recovering over $100 million for injured clients through trials and out-of-court settlements. John Wright has forced insurance companies to pay million-dollar trial verdicts and multi-million-dollar settlements after months of lowball offers. Notable results include a $2,100,000 recovery at trial for a teenager in a head-on car crash and a $1,100,000 recovery at mediation for a nurse injured in a T-bone accident. Attorney Wright has prior military law experience and provides personal attention to each case.
Location: Rochester, NY
Contact: (585) 632-2222 | https://johnwrightlawfirm.com/
Consultation: Free consultation, contingency fee arrangement
5. Friedman & Ranzenhofer, P.C.
Practice Focus: Car accidents, truck accidents, motorcycle accidents, medical malpractice, premises liability, toxic exposure, wrongful death
Case Types Handled: Rear-end collisions, head-on collisions, T-bone accidents, multi-vehicle pileups, commercial vehicle accidents, nursing home negligence, construction accidents, defective product injuries, traumatic brain injuries
Legal Services: Insurance claim negotiation, litigation, trial representation, settlement negotiations, no-fault insurance claims, medical expense recovery, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims
Background: Friedman & Ranzenhofer has been representing Western New York clients injured in various types of accidents for over 70 years. The firm has over 30 years of focused experience in personal injury cases with notable success in maximizing settlements. The attorneys have an unparalleled reputation for aggressively assisting those injured as a result of medical malpractice due to errors by hospitals, nursing homes, doctors, and other medical staff. The firm represents individuals, stores, hotels, airports, businesses, drivers, property owners, and even governmental entities.
Location: Rochester, NY
Contact: Contact via website | https://www.legalsurvival.com/
Consultation: Free consultation, contingency fee arrangement (no fee unless recovery is obtained)
Car Accident Laws and Regulations in New York
Statute of Limitations for Personal Injury Claims: New York Civil Practice Law & Rules Section 214 provides a three-year statute of limitations for personal injury claims arising from car accidents. The deadline begins on the date of the accident. Missing this deadline results in permanent loss of the right to pursue compensation through the court system.
Statute of Limitations for Medical Malpractice: Medical negligence cases have a shorter two-and-a-half-year statute of limitations in New York.
Claims Against Government Entities: Claims against governmental entities in New York may require filing a Notice of Claim within 90 days of the incident, significantly shorter than the standard three-year statute of limitations.
Fault vs. No-Fault Insurance Status: New York is a no-fault insurance state. Under this system, injured parties first seek compensation from their own insurance company’s Personal Injury Protection (PIP) coverage regardless of who caused the accident. PIP covers medical expenses and lost wages up to the policy limits.
Serious Injury Threshold: To step outside the no-fault system and file a personal injury lawsuit against the at-fault driver, an injured party must demonstrate they suffered a “serious injury” as defined by New York Insurance Law Section 5102(d). Serious injuries include significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, permanent consequential limitation of use of a body function or system, or total disability for 90 days during the 180 days immediately following the accident.
Comparative Negligence Rules: New York follows a pure comparative negligence rule under CPLR 1411. This means an injured party can recover damages even if they are partially at fault, but their recovery is reduced by their percentage of fault. Even if you are 99% at fault, you can still recover 1% of your damages.
Minimum Auto Insurance Requirements: New York requires the following minimum coverage: $25,000 per person for bodily injury, $50,000 per accident for bodily injury, $10,000 per accident for property damage, $50,000 per person for no-fault/PIP coverage, and $25,000/$50,000 for uninsured motorist coverage.
Uninsured/Underinsured Motorist Coverage: New York requires uninsured motorist (UM) coverage with minimums matching liability coverage requirements. Supplemental uninsured/underinsured motorist (SUM) coverage is optional but recommended.
Damage Caps: New York does not impose statutory caps on compensatory damages (economic or non-economic) in standard car accident cases.
Dram Shop Liability: New York has dram shop laws under General Obligations Law Section 11-101 that may hold establishments liable for serving alcohol to visibly intoxicated individuals or minors who subsequently cause accidents.
Wrongful Death: Wrongful death claims in New York must be filed within two years of the death. The personal representative of the estate files the claim on behalf of the distributees (those who would inherit under intestacy laws).
Frequently Asked Questions
Q: What is the deadline for filing a car accident lawsuit in New York?
A: New York provides a three-year statute of limitations for personal injury lawsuits arising from car accidents under New York Civil Practice Law & Rules Section 214. This means you must file your lawsuit in court within three years from the date of the accident. Important exceptions exist: if the victim was a minor, the three-year period typically begins when they turn 18. Claims against government entities require filing a Notice of Claim within 90 days of the incident. Medical malpractice claims have a two-and-a-half-year deadline. Wrongful death claims must be filed within two years of the death. Missing these deadlines results in permanent loss of your right to pursue compensation.
Q: How does New York’s no-fault insurance system work, and when can I sue the at-fault driver?
A: As a no-fault state, New York requires injured parties to first seek compensation from their own insurance company’s Personal Injury Protection (PIP) coverage regardless of who caused the accident. PIP covers medical expenses and lost wages up to policy limits (minimum $50,000). To step outside the no-fault system and sue the at-fault driver for additional damages including pain and suffering, you must demonstrate a “serious injury” as defined by New York Insurance Law. Serious injuries include bone fractures, significant disfigurement, permanent limitation of use of body parts, or total disability for 90 of the 180 days following the accident. If your injuries meet this threshold or your economic damages exceed PIP limits, you may pursue a personal injury claim against the at-fault driver.
Q: How does New York’s pure comparative negligence rule affect my car accident claim?
A: New York follows a pure comparative negligence rule, which is favorable to injured parties. Under this system, you can recover compensation even if you were partially at fault for the accident. However, your recovery is reduced by your percentage of fault. For example, if your damages total $100,000 and you are found 30% at fault, you would recover $70,000. Unlike states with “modified” comparative negligence, New York allows recovery even if you are more than 50% at fault. This means even if you are found 99% responsible, you can still recover 1% of your damages.
Q: What types of compensation can I recover in a New York car accident case?
A: In New York, you can recover compensation through both no-fault benefits and, if you meet the serious injury threshold, through a personal injury lawsuit. No-fault PIP benefits cover medical expenses, lost wages (up to 80% of actual loss), and other reasonable and necessary expenses regardless of fault. If you qualify to pursue a lawsuit, you may recover additional economic damages including medical expenses exceeding PIP coverage, full lost wages, loss of earning capacity, and property damage. You may also recover non-economic damages such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. New York does not cap these damages in standard car accident cases.
Q: In 2019, there were over 447,000 motor vehicle accidents in New York. What should I do immediately after a Rochester car accident?
A: First, ensure safety and call 911 if anyone is injured. Move to a safe location if possible. Exchange information with other drivers including insurance details. Document the scene by taking photographs of vehicle damage, injuries, road conditions, and any relevant factors. Obtain witness contact information. Seek medical attention even if injuries seem minor, as some conditions like traumatic brain injuries may not show immediate symptoms. Report the accident to the police and obtain the accident report. Notify your insurance company promptly to begin the no-fault claims process for PIP benefits. Contact a Rochester car accident attorney before providing recorded statements to other insurance companies. New York’s no-fault system and serious injury threshold create unique procedural requirements that an experienced attorney can help navigate.