If you were hurt in a rear end collision in Wyoming County, you may recover damages under NY pure comparative fault rules. A Rear End Accident Lawyer Wyoming County from Law Offices Of SRIS, P.C. can help. Mr. Sris has handled 4,739+ firm-wide case results with over 93% favorable outcomes. Call (888) 437-7747.
Last verified: April 2026 | Wyoming County Supreme Court | NY CPLR Article 14-A (official New York State Senate)
Statutory Definition of a Rear End Accident Claim in Wyoming County
Under New York law, a rear end accident claim falls under negligence principles codified in NY CPLR Article 14-A (comparative fault). The driver who rear-ends another vehicle is presumed negligent. To recover damages, you must prove the other driver breached a duty of care, causing your injuries. New York applies pure comparative fault, meaning your recovery is reduced by your percentage of fault, even if you are 99% at fault. The serious injury threshold under Insurance Law § 5102 applies to auto accident claims, limiting pain and suffering damages unless you sustained a qualifying serious injury.
External Citation Links
Review the official statutes governing your claim: NY CPLR Article 14-A (comparative fault) and Wyoming County Supreme Court website. These sources provide the legal framework for your case.
Insider Procedural Edge: Filing a Rear End Accident Claim in Wyoming County
In Wyoming County, rear end accident claims are filed in Supreme Court (unlimited jurisdiction). You must first file a no-fault insurance claim for medical expenses and lost wages. The serious injury threshold determines whether you can sue for pain and suffering.
- Seek immediate medical treatment and document all injuries.
- File a no-fault insurance claim within 30 days of the accident.
- Consult a rear end accident lawyer to evaluate your claim.
- File a summons and complaint in Wyoming County Supreme Court.
- Attend a preliminary conference to set discovery deadlines.
- File a Note of Issue to place the case on the trial calendar.
Penalty Table for Rear End Accident Claims
In Wyoming County, rear end accident claims involve damages for medical expenses, lost wages, and pain and suffering, subject to the serious injury threshold.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Negligent driving (rear end collision) | Civil liability | None | None (civil damages) | Points on license if ticketed | Insurance rate increase |
Results may vary. Prior results do not guarantee a similar outcome.
E-E-A-T Authority Block
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. The firm has over 120 years of combined legal experience and has handled 4,739+ documented case results with a 93%+ favorable outcome rate firm-wide across VA, MD, NJ, NY, and DC. Our tagline is “Advocacy Without Borders.”
Case Results
No verifiable case result is available for this jurisdiction/topic. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes across VA, MD, NJ, NY, and DC.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C. — Buffalo, NY
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Frequently Asked Questions About Rear End Accident Claims in Wyoming County
Does New York have a serious injury threshold for rear end accident claims?
Yes. Under Insurance Law § 5102, you must prove a “serious injury” (death, dismemberment, fracture, permanent loss of use, or 90/180-day impairment) to recover pain and suffering damages in a rear end accident claim.
How long do I have to file a rear end accident lawsuit in Wyoming County?
3 years from the accident date for personal injury under NY CPLR § 214. For wrongful death, 2 years from death. If a municipality is involved, you must file a Notice of Claim within 90 days.
What is pure comparative fault in New York rear end accident cases?
It depends. New York applies pure comparative fault under CPLR Article 14-A. Your recovery is reduced by your percentage of fault, even if you are 99% at fault. A rear end accident lawyer can help minimize your fault percentage.
Can I recover damages if I was partially at fault for the rear end collision?
Yes. Under NY pure comparative fault rules, you can still recover damages even if you were partially at fault. Your recovery is reduced by your percentage of fault. A rear end accident lawyer can help build your case.
What damages can I recover in a Wyoming County rear end accident claim?
You can recover medical expenses, lost wages, pain and suffering, and property damage. For auto accidents, you must meet the serious injury threshold to recover pain and suffering damages. Economic damages have no cap.
