Buffalo New York Car Accident Lawyer
Buffalo New York Car Accident Attorney
Buffalo car accident lawyers handle car accidents in Buffalo NY that are generally associated with significant consequences. These consequences include serious physical injuries, emotional trauma, and financial challenges. The financial challenges in and of themselves often have devastating, long-term effects on individuals, and are the most challenging to car accident lawyers. Hiring a good experienced automobile accident attorney to help alleviate the financial burdens associated with a car accident is good advice.
Theoretically speaking, the financial bills that the injured parties incur are paid off by the insurance company of the driver who caused the accident. But in reality, insurance companies can often make this process difficult and tedious.
For this reason alone, if you were involved in a car accident in Buffalo, calling a qualified auto accident lawyer should be at the top of your list of things to do. You should reach out to an auto accident attorney as soon as possible. Why not give us a call today for a FREE consultation by one of our car accident attorneys.
Car Accident Cases in Buffalo Keep Car Accident Lawyers Busy
Like most other cities in New York, Buffalo also has its fair share of car accidents. These could include head-on collisions, roll-overs, rear-end accidents, runoff collisions, side accidents, etc. According to data obtained from New York Governor’s Office of Highway Safety, traffic fatalities in New York increased significantly in 2015 and 2016. A total of 1554 fatalities from motor vehicle crashes were reported in 2016 alone. There were 15.55 serious traffic injuries reported in New York in 2016 for every 100 million vehicle miles traveled.
The Problem With Insurance Companies
As per the legal requirements in New York, every licensed driver with a registered vehicle must carry car insurance to be able to drive legally. The minimum insurance that is required by every car driver in Buffalo includes coverage of $25,000 for bodily injury to one person, $50,000 for bodily injury to multiple parties and $25,00 for property damage due to the accident. Every driver has the option of carrying additional insurance coverage which could include comprehensive collision coverage and uninsured/underinsured motorist coverage, but this is not required by the law. It often happens that people get into accidents with drivers who do not have any insurance. In such situations, the underinsured/uninsured motorist coverage can come in quite handy.
The purpose of mandatory insurance coverage is to ensure that in case of a car accident, the drivers involved in the accident are financially protected. This insurance coverage benefits both the driver who caused the accident and the driver who suffered injuries. If there is significant damage and if injuries are serious, the driver who caused the accident does not have to cover the financial losses of the injured parties out-of-their own pocket. Their insurance companies are supposed to take care of the bills. Similarly, the injured party does not have to bear the cost of medical bills and property damage on their own. The insurance company of the at-fault is the one who will be paying for these damages. In theory, this seems sounds, but in reality, insurance companies can cause significant problems for the party trying to recover their losses. That is why it is important to talk to one of our accident attorneys so that they can talk to the insurance companies on your behalf.
Fault System in Car Accidents
There are two main systems in the US that are used to determine fault in car accidents. The fault system functions on the principle that all parties who played a role in causing the accident will be held liable for any damages. The no-fault system functions on the premise that the injured parties will receive compensation no matter who caused the accident.
Buffalo follows the fault system of determining fault in a car accident. This means that if you are in a car accident, and if the other driver is at fault, that driver is the one responsible for any damages that you incur. However, if more than one party is at fault, the legal system will allocate responsibility accordingly. This is called the comparative negligence rule. For example, if there is a car accident and if the other driver is 80% at fault and you are 20% at fault, you can file a compensation claim, but the amount that you will receive will be reduced by 20%. Talk to an automobile accident attorney to find out more about the comparative negligence rule.
How an Automobile Accident Attorney Establishes the Role of Negligence
Whenever there is a car accident, the injured party has a right to file a compensation claim. This claim can help the victims recover any damages they may have incurred which could include medical expenses, rehabilitation costs, lost wages, pain and suffering and property damage. However, your car accident lawyer will have to establish negligence so that your compensation claim is approved.
In legal terms, a person is said to be negligent when they fail to demonstrate a duty of care and a sense of responsibility. For example, a person who is speeding while driving even though they are aware that this action could result in harm to another party, they are deemed to be negligent. In most cases, people get away with rash driving practices because they don’t always get into a car accident. But if a driver’s negligence causes an accident, that driver will be held accountable for their negligence. Your car accident attorney must prove this negligence.
When it comes to proving negligence, you have to keep in mind that simply stating that the other driver was at fault is not sufficient. You have to prove that they were negligent by clearly specifying what their negligent behavior entailed and how it caused the accident. A car wreck lawyer is aware of the importance of proving negligence and they can help you in this regard.
Most Common Car Accidents that Take Place
There are many different causes of car accidents, but a large majority of accidents happen because of the negligence of drivers. Some of these negligent behaviors include:
- Distracted driving
- Drunk driving
- Failure to obey traffic laws
- Road rage, anger and/or aggressive driving
If you claim that the driver was texting while driving and that is why they hit your car as they were not paying attention, and it is the job of our accident lawyers to prove your claim. In order to do so, an auto accident attorney will review the police report, evaluate all the evidence at the scene of the accident that would prove this was the case, talk to witnesses, view any video footage if available, consult the medical reports and conduct a thorough investigation to show that the other driver was negligent. This is the only way a auto accident attorney can prove your claim and get you the compensation you deserve.
There are other factors that can also cause car accidents. These are less related to the driver’s inappropriate driving habits and more related to the vehicle itself. However, the driver may still be held responsible for the accident. For example, if a vehicle was not functioning properly and the driver was still driving it even though they were aware that the car was having mechanical issues, the driver is still deemed to be negligent. In other words, if a driver fails to maintain their vehicle and gets behind the wheel knowing that the car may have serious issues, they are putting people at risk. Similarly, if a driver is aware that a car has defective components and continues to drive the vehicle and if an accident happens, the driver will be held responsible if the cause of the accident was a mechanical fault. Keep in mind that negligence can only be established in such a case if the driver is aware of a problem and chooses to ignore. If the driver has no idea and if the car breaks down and causes an accident, the driver will not be blamed. Talk to a car accident lawyer about what is considered negligence and what is not since that is an important component of a car accident compensation claim.
There are some causes of car accidents that are not the driver’s fault at all. These could include accidents that are the result of a natural disaster, poor road conditions and bad weather. In such cases, compensation claims are generally dealt with based on the type of insurance policies the drivers have. However, in most of these cases, negligence is not a factor since the driver may have left control of the car due to factors beyond their control.
Common Types Of Accident Injury Cases our Accident Attorneys Handle
The type of injuries sustained in a car accident is dependent on the severity of the crash/collision. Some accidents are minor and do not cause significant physical injuries and/or property damage. Other accidents are quite serious and can result in severe injuries with long-term consequences. Some common types of injuries that usually occur after car accidents include broken bones, head and neck injuries, joint injuries, muscle injuries, whiplash, spinal injuries, brain trauma, dislocation, disfigurement, amputation, organ damage and in fatal cases, death. If you ended up with serious injuries in a car accident, contact one of our accident lawyers to find out how you can recover damages for the injuries that you have sustained.
Winning Settlement Amounts by Automobile Accident Attorneys
If you were in a car accident and you have incurred significant damages, you can file a compensation claim. You need to discuss the specifics of such a claim with an automobile accident attorney. Injured parties can claim compensation for medical bills, prescription costs, cost of hospitalization, lost wages, property damage and pain and suffering. You must, however, provide supporting documents to prove that you incurred these damages. Talk to a auto accident lawyer in this regard.
Contact a Car Accident Lawyer Today
If you were injured in a car accident, you need to know that there are laws that allow you to seek compensation for any damages that you may have incurred as a result of that accident. A car accident attorney can help you understand how the system works and what you need to do to get such compensation. It is important to note that there is a statute of limitations in NY which means that if you need to file a lawsuit against the driver who hit you, you need to do so within a specified period of time. In New York, the statute of limitations for a car accident lawsuit is two years from the date of the car accident if the claim is related to bodily injury or property damage and four years if the claim is related to damage to your vehicle. Ask an auto accident lawyer how the statute of limitations works in New York.
We know that a car accident can be a difficult situation. People often end up with injuries that completely change the course of their life. Injuries after a car accident can result in physical injuries, emotional pain, financial loss and impact on one’s professional life. Some victims of car accidents end up with long-term disabilities that prevent them from going back to work or being unable to do the same work they did before. Treatment of these injuries can result in significantly high medical expenditures. Personal relationships can suffer, and stress and emotional trauma can make things even more challenging. All these things are difficult to handle, and the last thing you need is a legal battle with the driver who caused the accident. That is why it is important that you seek legal counsel and let a car accident lawyer deal with the legal aspects of your situation.
Why Should I Hire A Car Accident Lawyer?
A car accident attorney is familiar with the law for the area in which he serves. This means if your car wreck was in Buffalo New York, A car wreck lawyer familiar with New York car accident law will know how to circumvent a lot of the “red tape” of the law pertaining to automobile accidents.
An experienced auto accident attorney will have dealt with numerous car accident cases and will know how the system works. They know how local insurance companies play the game and how they try to exploit the situation and offer victims payouts that are much lower than what they actually deserve.
Don’t let insurance companies take advantage of you. Let your car accident attorney handle every aspect of your compensation claim. But you must talk to them about the accident and provide all relevant details, give them all the necessary documents and proof they would need to establish your claim.
If you were the victim of a car accident, contact a Buffalo New York car accident lawyer. Simply call us and ask to speak with one of our experienced accident lawyers. You can you can explain your case and ask the auto accident attorney questions pertaining to your car accident. The auto accident lawyer will let you know whether or not you have a case. Call today the evaluation is FREE. Let our accident attorneys get you the compensation you deserve.