Car accidents in Buffalo, NY, present a significant concern for public safety. There were 251 car crashes reported in 2023, which led to 328 physical injuries and 19 fatalities. With a local office, our car accident attorneys at Mazzu Law have seen the devastating impact of negligent drivers up close.
Injured victims and their families don’t just have to adjust to life after a traumatic event. They also have to suffer through the prolonged claims process as insurance companies drag their feet to delay the payout or offer a settlement lower than what is needed to cover medical bills, lost wages, and pain and suffering. Our Buffalo car accident lawyers are here to make sure the at-fault parties are held accountable and you receive the maximum compensation for your injuries and losses.
Call our office at 888.289.5000 or contact us online to schedule a free consultation and learn how we can support you in your fight for justice and compensation.
Common Car Accident Injuries in Buffalo, NY
Whiplash
This is a painful injury resulting from the sudden, forceful back-and-forth movement of the neck, common in rear-end collisions.
Traumatic Brain Injury (TBI)
The brain can be injured from a direct blow to the head or from the brain moving inside the skull due to the impact. TBIs range from mild concussions to severe brain damage, often with long-term cognitive and physical effects.
Spinal Cord Injuries
These can result from the force of the collision, leading to partial or complete paralysis depending on the injury’s location.
Fractures and Broken Bones
Arms, legs, ribs, and other bones may break or fracture due to being crushed in the crash.
Internal Bleeding
Your organs may be damaged by the force of the impact, and start to bleed internally. This is a medical emergency requiring immediate attention.
Chest Injuries
The chest can suffer from blunt force trauma, resulting in broken ribs, collapsed lungs, or heart injuries, especially if you are thrown against the steering wheel or dashboard.
Soft Tissue Injuries
These include injuries to muscles, ligaments, and tendons. Sprains, strains, and tears are common and can be very painful.
Facial Injuries
The face can be injured by the airbag, broken glass, or collision with the steering wheel or dashboard. This can include cuts, bruises, fractures, and dental injuries.
Legal Elements to Prove Liability in a Buffalo Car Accident
The concept of negligence is central in determining liability in an automobile accident and other personal injury cases. It provides the legal framework to establish “fault” and, subsequently, who is responsible for damages resulting from the accident.
Negligence has four key legal elements that must be established for someone to be considered legally at fault:
- Duty of Care: The accused must have had a legal duty to the injured party, i.e., every driver has a duty to operate their vehicle safely to avoid causing harm to others on the road.
- Breach of Duty: Victims must show that this duty of care was breached; the driver did not behave as a reasonable person would under similar circumstances.
- Causation: The breach of duty must be the direct cause of the accident. This means that the crash would not have occurred if not for the negligent behavior.
- Damages: Finally, victims must show that the accident resulted in damages, such as physical injuries, property damage, lost wages, and other losses.
The outcome of your car accident lawsuit hinges on proving negligence. If your personal injury lawyer can establish the above elements, you may be entitled to compensation from the negligent driver or their insurance company.
Potential Liable Parties in a Buffalo Car Accident
Depending on the circumstances surrounding your crash, any one or more of the following parties may be held liable for your serious injuries:
- Other driver(s) for speeding, distracted driving, driving under the influence, or violating traffic laws.
- The owner of the vehicle that caused the accident, even if it was being driven by an employee, minor, or someone else who had the owner’s permission to use it (via the principle of “vicarious liability”).
- A property owner if unsafe conditions on their property (e.g., a privately-owned parking lot) led to your crash.
- A mechanic, garage owner, or other service provider if they failed to properly repair or maintain a vehicle, and this failure led to your accident.
- Car manufacturers if your car or the other driver’s vehicle (or any of its components) had a defect that contributed to the accident.
- Local, state, or federal government agencies responsible for road design, construction, and maintenance could be held liable if it can be proven that they were negligent in their duty.
A personal injury lawyer can help identify which parties should be held accountable to maximize compensation for car accident victims.
New York’s “No-Fault” Insurance Law
New York operates under a “no-fault” insurance system. If you are injured in a car crash, your car insurance policy will pay for your medical expenses and other related costs, regardless of who was at fault for the accident. The Personal Injury Protection (PIP) part of your auto insurance policy provides coverage for:
- Hospital bills and medical treatments related to the accident
- A portion of your lost earnings if you are unable to work due to the injuries
- Costs of necessary services you can no longer perform on your own (household chores, babysitting, etc.)
This is why every driver in New York must carry basic PIP coverage of a minimum of $50,000 per person for the combined total of healthcare bills, lost income, and other reasonable expenses.
“Serious Injury” Threshold in Buffalo Car Accidents
In addition to your economic damages, such as medical costs and loss of income, if you wish to claim financial compensation for non-economic damages like pain and suffering from your motor vehicle accident claim, you must meet a “serious injury” threshold. This includes:
- Significant disfigurement (burns, amputation, scarring, etc.)
- Bone fractures
- Permanent limitation of use of a body organ or member
- Substantial limitation of use of a body function or system; or
- A medically determined injury or impairment of a non-permanent nature that prevents you from performing your day-to-day activities for not less than 90 days during the 180 days immediately following the occurrence of the injury.
If your injuries qualify as “serious” under the law, you can step outside the no-fault system to sue the at-fault driver for damages that exceed your PIP coverage, like full compensation for lost wages, full medical costs, and pain and suffering. Keep in mind that the no-fault rules in Buffalo, NY, apply to personal injuries, not property damage. If another driver damages your vehicle, you can file a claim against their insurance for property damage.
Notably, you should file car accident claims for no-fault insurance benefits promptly. You have 30 calendar days from the date of the crash to file a claim with your insurance company. You may need to show proof of your expenses and losses and possibly undergo medical examinations by doctors chosen by the insurance provider.
Our car accident attorneys in Buffalo can make sure your claim is filed correctly and on time. We will communicate with your care providers and organize your medical records, proof of lost wages, and other relevant documentation to support your claim. If the insurance adjuster raises any disputes regarding your injuries or the treatments required, we will aggressively negotiate with them based on hard evidence to recover the maximum compensation for you.
Why Choose Mazzu Law for Your Buffalo Car Accident Claim?
Our Commitment
At Mazzu Law, we leave no stone unturned in investigating your personal injury case, identifying the liable parties, and establishing negligence. We use our deep knowledge of the state laws, legal liability, insurance coverage, and medical aspects of car accident injuries to your advantage. We will find the evidence to prove the liability of the negligent party and fight for the largest possible damages for you.
Our Experience
Our Buffalo car accident lawyers have the skills, resources, and experience to represent injury victims in all types of car crashes:
- Rear-end collisions
- Head-on collisions
- Side-impact collisions
- Sideswipe collisions
- Multi-vehicle pile-ups
- Rollover accidents
- Hit-and-run accidents
- Buffalo car accidents involving pedestrians or cyclists
- Drunk driving accidents
- Distracted driving accidents
- Commercial vehicle and truck accidents
Our Strategy
- We deploy professional investigators to scrutinize the scene of the accident. They gather evidence, secure surveillance footage, and identify witnesses whose testimonies could be pivotal to your case.
- When necessary, we collaborate with the top accident reconstruction experts in Buffalo, New York, to solidify your case with factual, science-backed evidence.
- We take over all discussions with all the involved insurance companies, employing strategic negotiations to counter lowball offers and have your claim taken seriously.
- We oversee all documentation and legal filings to keep your case on track and within legal time limits.
- We systematically investigate every potential avenue for liability and insurance coverage so you receive the maximum amount of damages available.
- We not only review your treatment records but also connect you with medical experts to forecast your future health needs, making sure your compensation reflects long-term care costs.
- If settlement discussions stall or the insurance company refuses a fair settlement, we are prepared to assert your rights in court.
Once you decide to take legal action, know that countless factors have to be examined in a car accident case-the extent of your injuries, who is at fault, the possibility of more than one at-fault party (or “defendant”), the amount of insurance coverage, and much more. If you believe you may have a case or you are not sure, get in touch with a car and truck accident lawyer today for a free consultation.
Types of Compensation Our Buffalo Car Accident Attorneys Can Recover for You
The damages we can potentially recover from the individual or organization responsible for your accident may include:
Economic Damages
These are tangible monetary costs you have had to incur due to the harm caused by the defendant:
- Medical Expenses: Hospital bills, medications, rehabilitation services, and ongoing care expenses (including care costs the deceased victim incurred)
- Lost Wages: Income lost due to the inability to work while recovering
- Loss of Earning Capacity: If the injury affects your ability to earn a living in the future
- Out-of-Pocket Expenses: Any additional costs because of the injury, such as transportation to medical appointments, home modifications, and other related expenses
- Wrongful Death-Related Expenses: Funeral and burial costs; compensation for the earnings the deceased would have provided had they lived; and “loss of inheritance”, i.e., estimated savings the deceased would have accrued and left to heirs.
Non-Economic Damages
These are non-monetary and subjective losses you have suffered, such as:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life due to limitations imposed by the injuries
- Loss of consortium (damages awarded to the spouse in wrongful death cases)
- Loss of parental guidance (if the deceased has minor children)
Punitive Damages
These are rare in car accident cases as they are not meant to compensate the victim, but rather to punish the defendant for particularly egregious behavior and to deter similar conduct in the future. This is only possible if you can prove that the at-fault party had extreme disregard for the safety and well-being of others-e.g., they were driving under the influence of alcohol or drugs-or if their actions were intentionally malicious or involved fraud.
How Our Buffalo Car Accident Injury Lawyers Will Prove Liability
When you bring a car accident claim in New York, you-the “plaintiff”-are the one responsible for presenting evidence and proving your liability. If you cannot substantiate your claim, the case will be thrown out and you are unlikely to recover any compensation.
At Mazzu Law, our legal team immediately starts the process of collecting strong evidence that leaves little doubt about who is liable to pay your damages. The most common types of evidence we gather are:
- Police reports that contain initial assessments of fault by the responding officers
- Witness testimonies from people who saw the accident
- Traffic/dashboard camera footage or images from the scene showing positions of vehicles, road conditions, traffic signs, and other unbiased, real-time physical evidence
- Body camera and surveillance footage recorded by law enforcement or other first responders as well as nearby surveillance or traffic cameras
- Testimonies from accident reconstruction experts to demonstrate how the accident occurred and to provide a professional opinion on the likely sequence of events and fault
- Medical records to show the link between your injuries and the accident
- Vehicle damage reports to establish the dynamics of the crash (helpful in determining fault)
- Cell phone records, social media posts, or emails to prove if a driver was distracted at the time of the accident
- Driving records to analyze the history of the drivers involved (if past violations contribute to establishing a pattern of negligence)
- Digital data from event data recorders (EDRs) or “black boxes” in vehicles (if present), which gives information about the speed, brake application, and seat belt usage immediately before a crash
- Forensic analysis of the car and its components, if we suspect mechanical failures or unusual circumstances
- Corporate vehicle records like maintenance logs, driver work schedules, and past safety violations if a commercial vehicle was involved
- Toxicology reports to assess whether alcohol, drugs, or prescription medications might have impacted a driver’s ability at the time of the accident
- Previous insurance claims made by the liable parties to reveal patterns of behavior or prior issues relevant to the case
How Our Buffalo Car Accident Attorneys Will Obtain Maximum Compensation for You
We are dedicated to leveraging every available resource at our disposal to make sure you are rightfully compensated for your injuries.
We Gather Extensive Evidence with Precision
From the outset, we get into the minutiae of your case. Our investigative team collects data right from the scene-skid marks, vehicle positioning, and environmental factors. We utilize modern technology to secure digital data from vehicles involved in the crash, such as EDR (Event Data Recorder) outputs, which provide critical insights into the seconds leading up to the collision. Our legal team can also access and analyze phone records and social media activity to establish distraction or negligence.
Our rigor in evidence collection forms the bedrock of your claim. When insurers see the depth and breadth of concrete evidence we bring, they are often prompted to propose more substantial settlements to avoid a trial where such compelling evidence would be presented against them.
This is also why we urge you to contact our experienced car accident lawyer as early as possible-delaying legal action not only diminishes your leverage in negotiations but also risks the quality of evidence, as physical proofs can degrade and witness memories may fade. Remember, you only have three years to file a car accident claim in Buffalo, NY-even less (90 days) if filing against a government organization.
We Prepare for Trial Even While Negotiations are Ongoing
While negotiations are ongoing, we are already preparing for trial. This may involve strategic collaborations with forensic experts, accident reconstructionists, and medical professionals who can testify on the severity of your injuries and the long-term implications. Edward T. Mazzu, Jr., our Buffalo car accident attorney, takes this proactive approach to reinforce our position in settlement discussions and shift the balance in your favor. We make it clear that we are ready to litigate forcefully and effectively if a satisfactory settlement is not reached.
We Leverage Our Proven Success to Enhance Your Case
Our history of large settlements and verdicts in car accident cases places us in a stronger negotiating position with the insurance company. Insurance adjusters and defendants are often reluctant to face the jury when they are aware of the past track record of our dedicated car accident attorney in Buffalo. This reputation works as a strategic lever, enabling us to press for higher settlements during negotiations, as opposing parties aim to avoid a potentially expensive public trial against a seasoned adversary.
Choose a Top-Rated Buffalo Car Accident Lawyer Today
Being hit by a car can change your life in an instant. The more severe the crash, the higher the odds of suffering permanent catastrophic injuries, disability, or death. But even a minor fender-bender can leave you unable to go to work and afford necessary medical care. At the same time, you have to deal with predatory insurance companies that will do everything possible to avoid paying claims when policyholders need them the most.
For all these reasons and more, the aftermath of a motor vehicle accident may seem overwhelming. At Mazzu Law, we make sure that you don’t have to face any of this alone. We stand strong by your side with the sole purpose of helping you achieve the financial compensation required to recover from your injuries and move forward with your life.Whether you have a personal injury claim for auto accidents, construction accidents, workplace injuries, or dog bites, we are ready to represent you. If you or a loved one has been injured in a car accident in Buffalo, let us make sure your voice is heard and respected by the insurance companies and courts alike. Call us at 888.289.5000 or complete this short form to set up a no-cost consultation.