The roads in Buffalo became highly dangerous due to over 9,800 traffic incident calls recorded in 2023.
The truth is…
Most accident victims do not understand their legal rights and the necessary steps to take following a collision. Failing to understand legal protections following an accident can result in unnecessary medical bills and lost wages while leaving you to manage pain by yourself.
But here’s the good news…
An effective legal strategy helps you defend your rights and secure the compensation you are entitled to. As Buffalo roads become more hazardous it becomes crucial to know what actions to take after an accident occurs.
Table of Contents
Inside This Guide
- Understanding Your Legal Rights After a Buffalo Accident
- Critical Steps to Take Following a Collision
- How to Deal with Insurance Companies
- When to Hire a Car Accident Attorney in Buffalo
- Maximizing Your Compensation
Understanding Your Legal Rights After an Accident
Under New York’s no-fault insurance system you retain the right to pursue additional legal recovery options.
Here’s the deal:
The no-fault insurance system requires your insurance provider to pay for your medical expenses and other losses irrespective of who caused the accident. The no-fault insurance approach allows for certain exceptions where you can choose to go beyond its boundaries.
In New York you can file a personal injury lawsuit for additional compensation if your injuries satisfy the “serious injury” threshold. This includes:
- Fractures
- Significant disfigurement
- The impairment continuously disrupts the operation of body organs or movement of limbs.
- Significant impairment to any bodily function or system poses a major constraint.
- Full disability for 90 days or more
It is important to know which exceptions apply to your situation and understand their application. Consulting with a car accident attorney in Buffalo who specializes in these cases can help you navigate this complex system. The 78 fatal crashes and 88 deaths in Erie County during 2022 make understanding your legal rights essential.
Critical Steps to Take Following a Collision
The foundation of any strong legal case hinges on the measures taken right after an accident happens. Completing these steps accurately determines whether your claim will be successful.
- Take multiple photographs of the accident scene which should include all visible injuries and property damage from different angles.
- Assemble necessary data by recording contact information and insurance details for all accident participants and by collecting witness contacts.
- Immediately after an accident occurs you should file a police report and secure a copy for your records.
- Seek immediate medical assessment because certain injuries might not appear until days later. Get checked out right away.
- Contact your insurance provider promptly following the accident while sharing only factual details.
One thing most people don’t realize…
Your actions and statements immediately after an accident play a significant role in determining your eligibility for compensation. The assertion of being unharmed at an accident scene could later lead to legal disputes.
How to Deal with Insurance Companies
One essential aspect to understand is the operational methods of insurance companies.
They are not your friends.
Adjusters undergo specialized training to minimize settlement costs which protects their company’s financial interests. Insurance adjusters maintain a friendly demeanor but their training focuses on reducing your settlement benefits to protect their company’s finances.
Recognizing these tactics will help you identify potential strategies used by insurance companies.
- Insurance companies frequently propose quick settlement amounts that do not fully cover your damages.
- Insurance agents may ask to record your comments which they could misunderstand later.
- Insurance adjusters will demand full medical authorization before they review your medical records.
- By delaying claim processing insurance companies can drive claimants to accept lower settlements out of desperation.
The best strategy? Your lawyer should manage all communications with insurance companies since they understand how to fight these techniques.
When to Hire a Car Accident Attorney
Individuals who have experienced accidents often wonder if they should hire a lawyer. Consider this:
Accident victims who hire attorneys receive settlements that average 3.5 times more than those who handle their claims without legal help.
You should contact a lawyer when you encounter any of these circumstances.
- You’ve suffered significant injuries
- The accident involved multiple parties
- Fault is disputed
- The insurance company has issued a settlement offer that is below expected value.
- Your accident involved a commercial vehicle
Buffalo’s experience of 22 deadly accidents throughout 2021 which included eight pedestrian deaths demands legal expertise.
Maximizing Your Compensation
There are different damage categories that may allow you to receive compensation after a car accident.
Most accident victims pay attention exclusively to their medical costs and vehicle repairs and fail to obtain thousands of dollars in further compensation.
A comprehensive compensation package should account for:
- Current and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Property damage
Western New York records the most fatal DUI crashes per 100,000 people in Buffalo where yearly incident rates have climbed by 30%. Survivors of such incidents must obtain full reimbursement for all damages they suffered.
Know Your Time Limits
Here’s something critical that many people miss:
New York car accident claimants typically have three years from their accident date to submit their claims. If you miss this deadline you will permanently lose your right to file a lawsuit.
Special exceptions or shorter deadlines might apply to your case if you have a claim against a government organization. Timely legal consultation takes on vital importance because of these factors.
Understanding Common Accident Causes
The emerging trends in Buffalo’s traffic accident causes will provide powerful support for your legal case.
- Speeding: A leading factor in severe crashes
- Collision incidents are frequently caused by drivers who operate their vehicles while distracted.
- Buffalo’s DUI crash rates experienced a 30% rise during recent years.
- Infrastructure-related road conditions result in New York drivers paying $38 billion every year.
The previously mentioned factors directly influence the resolution of liability and compensation amounts in personal injury cases. A clear understanding of the unique elements that caused your accident reinforces your legal case.
The Bottom Line on Accident Claims
Handling Buffalo car accident aftermaths is manageable without becoming overwhelming. Proper legal representation enables you to focus on healing while your lawyer takes care of legal intricacies.
Remember these key points:
- Understand your rights and benefits according to New York no-fault insurance rules.
- Take proper steps immediately following an accident
- Be cautious when dealing with insurance companies
- Consider professional legal representation
- Understand all potential compensation categories
- Act within the statute of limitations
Erie County loses 50 lives each year due to traffic accidents which makes gambling with your recovery as unacceptable. Effective legal planning enables you to handle your circumstances while obtaining full compensation that you deserve.
Ensure that insurance companies and responsible parties are unable to diminish your compensation rights. Understanding your legal choices is the initial step towards achieving justice which should be followed by decisive measures to protect your present and future well-being.
