What to Do After a Car Accident in Buffalo

If you’ve been in an accident, taking the right steps can make all the difference in your recovery—both physically and financially. Here are some key actions to take:

1. Remain at the Scene
   Never leave the scene of an accident, even if it seems minor. Under New York law, leaving the scene of an accident without exchanging information or reporting it can result in serious legal consequences.
2. Ensure Safety and Call for Help
   If it is safe to do so, move your vehicle out of traffic and turn on your hazard lights. If the accident occurs at night, use flares or a flashlight to alert other drivers. Call 911 to report the accident and request medical assistance if needed.
3. Document the Scene
   If possible, take photos of the accident, including damage to all vehicles, road conditions, and any visible injuries. Gather contact information from witnesses, as their statements may be valuable in your case.
4. Seek Medical Attention
   Even if you don’t think you are injured, it is important to see a doctor as soon as possible. Some injuries, such as whiplash or internal damage, may not be immediately apparent.
5. Contact a Knowledgeable Car Accident Attorney
   Before speaking with insurance companies, consult with an attorney who understands New York car accident laws. Insurance adjusters often attempt to minimize payouts, and having legal representation can help ensure you receive the compensation you are entitled to.

How Campbell & Associates Can Help

When dealing with the aftermath of a car accident, having an experienced legal team on your side can make all the difference. At Campbell & Associates, we have extensive experience handling car accident cases in Buffalo and the surrounding areas. Our attorneys are committed to protecting your rights and helping you navigate the legal process.

Comprehensive Legal Representation for Car Accident Victims

We assist clients with a wide range of motor vehicle accident cases, including:

• Car, truck, and motorcycle accidents
• Distracted and drunk driving accidents
• High-speed collisions and rollovers
• Pedestrian and bicycle accidents
• No-fault insurance claims and disputes

Maximizing Your Compensation

New York operates under a no-fault insurance system, which means that your own insurance company covers medical expenses and lost wages, regardless of who was at fault. However, this system does not always provide full compensation for pain and suffering, long-term care, or other damages.

Our team thoroughly investigates every case, gathering police reports, medical records, and witness statements to build a strong claim. We are prepared to negotiate aggressively with insurance companies and take your case to trial if necessary. Our goal is to secure the maximum compensation for:

• Medical bills and future treatment
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage

Why Choose Campbell & Associates?

• Proven Track Record: Our attorneys have helped numerous car accident victims recover fair compensation.
• Personalized Attention: Every case is unique, and we tailor our approach to meet your specific needs.
• Trial-Ready Advocacy: Insurance companies know we are prepared to go to court, which strengthens your position during negotiations.

If you or a loved one has been involved in a car accident, don’t navigate this process alone. Contact Campbell & Associates today for a free consultation, and let us fight for the justice and compensation you deserve.

Call us today at 716-992-2222 or visit campbellpersonalinjury.com to schedule a free consultation.

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Common Causes of Car Accidents

While most drivers follow the rules of the road, accidents still happen due to:

• Distracted Driving – Texting, eating, or using in-car entertainment can take attention away from the road.
• Speeding and Reckless Driving – Driving too fast for conditions reduces reaction time and increases crash severity.
• Drunk or Impaired Driving – Alcohol and drugs impair judgment and coordination, making accidents more likely.
• Poor Road Conditions – Potholes, icy roads, and construction zones can lead to loss of vehicle control.
• Failure to Yield or Obey Traffic Signals – Running red lights or stop signs can lead to dangerous T-bone collisions.

Understanding what led to the accident is crucial for determining liability and seeking compensation.

New York’s No-Fault Insurance Law: What You Need to Know

New York follows a no-fault insurance system, which means that after an accident, your insurance company covers your medical expenses and lost wages, regardless of who was at fault. However, no-fault benefits may not be enough to cover the full extent of your damages, especially if you suffer serious injuries. If another party’s negligence caused your accident, you may be able to file a personal injury claim for additional compensation.

How Campbell & Associates Can Assist with Car Accident Cases

At Campbell & Associates, our legal team is committed to helping car accident victims navigate the complex claims process and fight for the compensation they deserve. Our approach includes:

1. Thorough Investigation & Case Preparation

From the moment you contact us, we begin gathering crucial evidence, including:

• Police reports
• Medical records
• Witness statements
• Traffic camera footage
• Expert opinions (such as accident reconstruction specialists)

Our meticulous preparation gives us the leverage needed in negotiations with insurance companies and, if necessary, in court.

2. Dealing with Insurance Companies on Your Behalf

Insurance companies often aim to minimize payouts. They may delay claims, dispute liability, or offer low settlements. We handle all communication and negotiations, ensuring that you receive a fair settlement that covers medical expenses, lost wages, pain and suffering, and future care needs.

3. Pursuing Maximum Compensation

We work diligently to secure full compensation for our clients, whether through settlements or litigation. We have experience handling claims involving:

• Severe injuries, such as spinal cord or brain injuries
• Permanent disabilities
• Wrongful death cases
• Long-term rehabilitation costs

4. Trial-Ready Legal Representation

While many car accident cases settle outside of court, our legal team prepares every case as if it will go to trial. This approach strengthens our negotiating position and signals to insurance companies that we won’t accept anything less than what our clients deserve.

Why Choose a Knowledgeable Attorney for Your Case?

Handling a car accident claim alone can be overwhelming, especially while recovering from injuries. A knowledgeable legal advocate provides:

Legal Guidance – Understanding your rights and the best course of action.
Peace of Mind – Allowing you to focus on recovery while your case is handled professionally.
Stronger Negotiation Power – Ensuring fair treatment by insurance companies.
Trial Readiness – Protecting your interests if the case needs to go to court.

At Campbell & Associates, we believe in fighting for our clients with dedication and determination. Our team has helped numerous car accident victims in Buffalo, Hamburg, and surrounding areas secure the compensation they need to move forward.

Get the Legal Help You Need Today

If you or a loved one has been injured in a car accident, don’t face the legal battle alone. Contact Campbell and Associates today for a free consultation. Let us handle the legal complexities so you can focus on your recovery. Contact us today at (716) 992-2222 or online to set up a free case review.

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 Understanding New York’s No-Fault Laws

 New York requires all drivers to carry auto insurance that includes no-fault benefits, also called personal injury protection (PIP) coverage. PIP coverage provides prompt reimbursement for medical expenses, lost income, and other costs related to accident injuries, regardless of who caused the accident. PIP coverage applies to both drivers and their passengers. New York requires motorists to carry at least $50,000 in PIP coverage, although policyholders may purchase higher coverage limits.

Under New York’s no-fault law, a person injured in an auto accident can only file a lawsuit against an at-fault driver for economic losses (e.g., medical bills or lost income) that exceed their no-fault benefits. A car accident victim can only seek compensation for non-economic losses if they suffered a “severe” injury, which includes injuries that cause:

• Death
• Dismemberment
• Significant disfigurement
• Bone fractures
• Loss of a fetus
• Loss of use of a body organ, member, or function
• Significant limitation of use of a body function or system
• Non-permanent impairment that prevents them from performing customary activities for at least 90 of the 180 days following the accident

 Steps to Take After an Accident

 Following a car accident, things you can do as a passenger to protect your rights to compensation for your injuries include:

• Ensuring that law enforcement has received a report of the accident and requesting a copy of any police crash reports
• Seeking prompt medical attention to diagnose your injuries and beginning treatment
• Following your treatment plan and medical restrictions
• Requesting copies of your medical records of your treatment and physical rehab
• Keeping all bills, invoices, or receipts for medical expenses and other injury-related costs
• Gathering your pay stubs if you need to take time off work or transfer to a lower-paying position

Finally, contact a car accident lawyer to pursue your insurance and legal claims for financial recovery.

 Rights to Compensation for Injuries

 After a car crash, you may have grounds to pursue legal claims against those at fault for the accident or liable for your injuries and losses. A car accident lawyer can help you seek financial compensation for your:

• Medical treatment or rehabilitation expenses
• Costs of long-term disability care, including home health services or home renovations to install disability accommodations
• Lost wages from missed time at work or reduced earnings in a part-time or light-duty position required by your medical restrictions
• Pain and suffering
• Reduced quality of life due to physical disabilities, visible scarring, or disfigurement
• Repair or replacement costs for damaged property you had with you in the car

 Contact a Car Accident Lawyer Today

 After you’ve sustained injuries while riding in a car in New York, get the legal help you need to pursue financial recovery for your harm. Contact Campbell Associates Law today for a free, no-obligation consultation with our experienced firm to discuss your options for seeking the compensation and justice you deserve.

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However, an injured car crash victim may pursue a lawsuit against an at-fault driver if the injured victim meets the New York serious injury threshold. After a collision, a car accident attorney can help you understand the serious injury threshold and how it applies to your case.                                                                                           

 Understanding the Serious Injury Threshold

 New York’s insurance law helps reduce litigation arising from car accidents by requiring injured crash victims to turn to their car insurance company first for reimbursement for financial losses incurred from accident injuries. However, car accident victims who sustain injuries that meet the serious injury threshold may have the right to sue an at-fault driver for their expenses or losses.

 Meeting the Serious Injury Threshold

 A car accident victim can meet New York’s serious injury threshold if they have incurred economic losses of more than $50,000 or if they have suffered a serious injury that meets one of the nine criteria under state law, including:

• Death
• Dismemberment
• Significant disfigurement
• Bone fracture
• Loss of a fetus
• Permanent loss of use of a body member, organ, function, or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of use of a body function or system
• Medically diagnosed non-permanent injury or impairment that prevents a person from performing substantially all their usual and customary daily activities for at least 90 of the 180 days following the car accident

Various circumstances can make meeting the serious injury threshold challenging, including pre-existing injuries, gaps in treatment, and deficiencies in your medical records.

Why You Need Legal Representation After an Accident in New York

 An at-fault driver’s insurance company will fight hard to argue that your injuries or losses do not meet the serious injury threshold. You need an experienced legal advocate who will fight for your right to hold the at-fault driver accountable when you’ve suffered qualifying physical and financial losses after a car accident. The attorneys at Campbell & Associates will fight to maximize your financial recovery after a car accident by:

• Investigating the crash to recover evidence of the other driver’s fault
• Gathering your medical records and working with your treating healthcare providers to establish the nature of your injuries
• Documenting your ongoing expenses and losses
• Bringing in medical experts as needed to strengthen your case
• Vigorously pursuing your claims against the at-fault driver and their insurance, even if that means going to court

 Contact an Auto Accident Attorney Today

 When you’ve suffered severe injuries in a car accident in New York, you may have the right to pursue a claim or lawsuit against the driver responsible for causing the crash. Contact Campbell & Associates today for a free, no-obligation consultation with our legal team to discuss your options for holding the at-fault driver accountable.

The post What Are the Exceptions to the Serious Injury Threshold in New York appeared first on Campbell & Associates.

Contact the Authorities

 One of the first steps you should take after a car accident in New York includes reporting the crash to law enforcement. You can report the accident to the police by calling 911 (if someone has suffered injuries) or contacting the law enforcement department through their non-emergency number by calling 311. Drivers must also file an accident report with the DMV after an accident that results in fatalities, injuries, or damage to one party’s property worth more than $1,000. If the police respond to the accident scene, remember to obtain a copy of the police crash report after the accident.

Document the Accident

 Take time to document the accident scene. You can use your cell phone to take photos and videos of vehicle damage, skid marks on the road, traffic signs/signals, and weather/visibility/traffic conditions. Remember to get insurance information from the other drivers involved in the accident. If you speak to any eyewitnesses about the crash, get their contact information or ask them for a brief description of what they observed.

Seek Medical Attention

 Seek medical attention as soon as possible after a car accident to get checked for any injuries you may have sustained in the crash. The adrenaline rush of a car accident can mask pain or other symptoms of injuries for hours or days following a crash. However, a doctor can diagnose injuries you suffered in a car accident by examining you. The sooner you seek medical attention after a car accident, the stronger of a case you will have to link your injuries to the accident. Remember to follow your doctor’s treatment plan and recovery instructions.

Keep Records

 Gather records to document your injuries and losses/expenses from the car accident. Request copies of your medical records of your accident injury treatment and rehabilitation. Keep all bills, invoices, or receipts for medical care or vehicle repairs. Gather copies of your pay stubs or income statements if you need to miss time from work due to your injuries or if medical restrictions require you to take a lower-paying modified duty position.

Notify Your Auto Insurance Provider

 Report the accident to your car insurance company as soon as possible. In New York, you can obtain compensation for medical bills and lost wages through your insurance policy’s personal injury protection coverage.

Contact a Car Accident Attorney

Hurt in a car accident in New York? Then get the legal help you need to pursue financial recovery for your expenses or losses. Contact Campbell & Associates today for a free, no-obligation consultation with our legal team, and let’s take the next steps together.

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New York’s Texting and Driving Law

 In New York, drivers cannot use handheld mobile phones or portable electronic devices while operating motor vehicles. Examples of illegal activity under New York’s texting and driving law include:

• Talking on a cell phone
• Writing, sending, or reading text messages or emails
• Browsing the internet or social media
• Viewing, taking, or transmitting photos or videos
• Playing games

However, drivers can use cell phones to contact police, fire, or EMS in an emergency.

New York law also prohibits commercial drivers from using cell phones except in hands-free mode. The law considers a phone in “hands-free mode” when the driver needs to press no more than one button to make or receive a phone call or text message.

New York’s texting and driving laws qualify as “primary offense” laws, which means police officers can pull over drivers if they see them using cell phones or portable electronic devices in handheld mode, even if the driver has not committed any other traffic infraction.

Penalties for Violating the Texting and Driving Law

 Drivers caught violating New York’s texting and driving law may face penalties, including fines, surcharges, and points. Fines for a violation include:

• First offense: $50 to $200
• Second offense within 18 months of a prior offense: $50 to $250
• Third or subsequent offense within 18 months: $50 to $450

Violators also must pay a surcharge of up to $93. Infractions will also result in five points added to a driver’s record. Drivers who accumulate 11 or more points within 18 months may face a suspension of their driver’s license.

Probational and junior drivers with a Class DJ or MJ license or permit may face harsher penalties for violating the texting and driving law, such as a 120-day license/permit suspension for a first violation or a one-year revocation for a second violation within six months of restoration of driving privileges.

How Does Texting and Driving Affect Auto Accident Cases?

 A driver who uses a cell phone while driving may face liability for injuries and property damage if the driver gets into an accident. A conviction for texting while driving can be used as proof of fault for a motor vehicle accident.

Contact an Auto Accident Attorney Today

 If you’ve been hurt by a driver who was distracted on their cell phone, you deserve financial compensation for the injuries and harm you’ve suffered. Contact Campbell & Associates today for a free, no-obligation consultation with a Syracuse car accident attorney to discuss how our firm can fight hard on your behalf.

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New York State law allows whiplash injury victims to seek compensation for these and other losses if another party caused the accident. Working with an experienced Western New York personal injury attorney can optimize your chances of receiving the full and fair compensation you deserve in a whiplash injury claim or lawsuit.

What Is Whiplash?

Whiplash is a neck injury caused by a sudden, forceful back-and-forth movement of the head and neck. This motion can strain or sprain the muscles and ligaments in the neck, causing pain, stiffness, and reduced range of motion. Whiplash is most commonly associated with rear-end collisions, but it can also occur in other types of accidents, such as sports injuries, falls, or physical assaults.

Symptoms of whiplash may include neck pain and stiffness, headaches, dizziness, fatigue, and shoulder or arm pain. In some cases, symptoms may not appear immediately after the accident, making it essential to seek medical attention even if you feel fine initially.

The Grounds for Filing a Whiplash Lawsuit

Under New York’s no-fault insurance model, motor vehicle accident victims must first turn to their own insurance provider for coverage of medical bills and lost wages. Only if they meet certain criteria can they file a lawsuit against an at-fault driver. Specifically, to recover non-economic damages like pain and suffering for your whiplash injury, you must meet the “serious injury” threshold. New York defines a serious injury as any of the following:

• Dismemberment or significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of an organ, member, function, or system of the body
• Permanent consequential limitation of an organ or member of the body
• Significant limitation of use of a function or system of the body
• A non-permanent but medically determined injury or impairment which prevents the injured person from performing their day-to-day tasks for at least 90 of the 180 days following the accident

Provided you can show that your whiplash symptoms are severe enough to qualify as a serious injury, you can file a lawsuit against the other driver to pursue compensation for various losses, including medical expenses, lost income, pain and suffering, and emotional distress. You will need to show through evidence that the other driver was negligent or otherwise at fault for causing the accident in order for your lawsuit to be successful.

What Is the Deadline for Filing a Lawsuit for Whiplash?

In New York, the statute of limitations generally requires you to file a personal injury lawsuit for whiplash within three years of the accident date. However, there are exceptions to this rule, and it is essential to consult with an experienced personal injury attorney as soon as possible to ensure you do not miss the deadline.

Missing the statute of limitations can result in your case being dismissed, regardless of its merits. Acting promptly can help preserve crucial evidence and witness testimony, strengthening your case.

Contact Campbell & Associates Today

When seeking compensation for whiplash via a personal injury lawsuit in New York, it is essential to work with an experienced litigator with a proven track record of results. The lawyers at Campbell & Associates have dedicated their careers to fighting on behalf of injured individuals in Western New York, and we have secured tens of millions of dollars in verdicts and settlements. Call or contact us online for a free consultation and let us get to work for you.

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What to Do After a Car Accident 

In the aftermath of an accident, you may be confused about what steps to take next. Doing the following can help you lay the groundwork for a successful accident claim:

• Gather evidence– If you are physically able to do so, take pictures at the accident scene to document the exact location. Try to photograph the general area, any debris from the wreck, and any visible injuries you suffered. You should also exchange insurance information with the driver and speak to any eyewitnesses about what they observed.
• Get medical care– Go to a doctor, emergency department, or urgent care facility if you are not transported from the scene. Do so even if you do not feel injured, as many serious injuries take hours or days to present symptoms. Tell the medical provider that you were in a car accident so that their treatment notes link any injuries you suffered to the accident.
• Call your insurance company – You should call your insurance company to report the collision. Be sure to cooperate with your insurance company and advise them that you are seeking legal representation.
• Create a file – Keep all your medical records and bills in a file alongside the photographs you took from the scene. Request a copy of the police accident report and add it to your file. Other useful documentary evidence includes pay stubs, communications with your employer, and past tax returns if you miss work, as well as the repair estimates for your damaged vehicle.
• Call a New York car accident attorney – Call an experienced attorney as soon as possible after the accident. Arrange an initial consultation (most personal injury attorneys offer them for free) and bring your file with you to the appointment. The sooner you take this step, the sooner a lawyer can start pursuing the compensation you deserve.

How a Lawyer Can Help with Your Car Accident Claim

Your own no-fault auto insurance will pay for your medical expenses, a portion of your lost wages, and incidental expenses related to the crash. Your attorney can file your claim on your behalf, then investigate further to determine if they can file a liability insurance claim or a lawsuit against the other driver to pursue additional compensation, such as for the damage to your vehicle, the full value of your lost wages, and “non-economic damages” like pain and suffering.

What’s more, they’ll do this at no upfront cost to you. Most personal injury lawyers work on a contingency fee basis, which means they only get paid if they secure compensation for their clients. Not only does this arrangement mean your lawyer assumes all the risk, but because their fee is a portion of your recovery, it also motivates them to secure every cent possible on your behalf.

 Call a New York Car Accident Attorney Today 

Hurt in a car accident in Western New York? Campbell & Associates has four convenient locations in Hamburg, Buffalo, Fredonia-Dunkirk, and Jamestown. Contact us today at (716) 992-2222 to learn about how we can help you pursue the money you need to rebuild your life.

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Let’s review some of the top causes of car accidents here in New York.

Distracted Driving

Distracted driving is among the top causes of New York car accidents. It happens when drivers divert their full attention from the road. Common distractions include texting, talking on the phone, eating, or adjusting the radio. When a driver is not fully focused on driving, their reaction time slows down. This delay can lead to accidents, as drivers might react too late to sudden changes in traffic or road hazards.

Speeding

Speeding is another major factor in car accidents. Drivers who exceed speed limits or drive too fast for road conditions have less control over their vehicles. This reckless behavior can lead to losing control, especially in poor weather conditions or on curved roads. High speeds also increase the severity of accidents, often resulting in more serious injuries and property damage.

Drunk Driving

Drunk driving is a serious traffic offense and a common cause of accidents. Alcohol impairs a driver’s judgment, coordination, and reaction times, increasing accident risk for them and others on the road. Drunk drivers often make poor decisions, like running red lights or weaving through traffic, which can easily lead to collisions.

Tailgating

Tailgating or following another vehicle too closely is a frequent cause of rear-end collisions. Drivers who tailgate lack the necessary space to brake safely if the vehicle in front suddenly stops. This behavior often results from impatience, distraction, or a misunderstanding of safe following distances. Rear-end collisions from tailgating can lead to whiplash and other painful injuries that require costly treatment.

Failing to Yield

Many accidents occur when drivers fail to yield the right of way, especially at intersections, crosswalks, and when merging onto highways. This serious driving error can occur when a driver ignores traffic signs or misjudges the distance and speed of oncoming vehicles. Such errors can lead to side-impact collisions, which are dangerous due to the lack of protection on the sides of most vehicles.

Poor Road Conditions

Poor road conditions, such as potholes, uneven road surfaces, lack of proper signage, or poorly marked construction zones, can lead to car accidents. These conditions often catch drivers off guard, causing them to lose control of their vehicles. For example, hitting a deep pothole could damage a car’s tires or suspension, leading to a loss of control. If the accident that harmed you was a result of poor road maintenance, this might shift some responsibility to the entity responsible for the road’s upkeep.

Get in Touch with a New York Car Accident Attorney

If you’ve been hurt in a New York car accident, contact Campbell & Associates today for an initial consultation. Our experienced team understands the complexities of accident claims and how to fight for the compensation you deserve. Call us now to get started.

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But what do car accident lawyers actually do? Here are some of the ways a seasoned car crash attorney can help your case.

Investigating the Accident

A successful car accident claim depends on assembling as much evidence as possible to determine what occurred, what the consequences of the crash have been, and who was at fault. A skilled car accident attorney will conduct a thorough investigation of the collision to answer these questions and build a robust claim on your behalf.

Calculating the Value of Your Losses

A car accident can result in a wide range of losses, from medical bills and lost income to pain and suffering and diminished quality of life. An experienced attorney will work with you to identify all your losses and calculate the total value of your claim, including anticipated future losses, ensuring that you seek the maximum compensation you’re owed.

Negotiating with Insurance Adjusters

Insurance companies are in business to make money, not to pay out claims. As such, they often employ tactics to delay, deny, and otherwise block valid claims. A seasoned car accident lawyer will handle all communications with the insurance company on your behalf, using their negotiating skills to fight for a fair settlement that meets your needs.

Taking Your Case to Court

If the insurance adjuster refuses to offer a settlement that covers your losses, your attorney will be prepared to take your case to court in a personal injury lawsuit. They will handle all aspects of litigation, from filing a lawsuit to presenting evidence and arguments at trial, to optimize your chances of success.

Providing Support

Recovering from a car accident can be a long and challenging process, and filing a claim while you are still healing from your injuries can feel particularly overwhelming. If you hire an attentive and compassionate legal representative, your attorney will be there to provide support and guidance every step of the way, answering your questions, addressing your concerns, and fighting for your rights.

Contact Campbell & Associates Today

While hiring a car accident attorney is vital to the success of your case, it is essential to remember that the law firm you choose can make all the difference in the world. Led by attorney Colin Campbell, the award-winning attorneys at Campbell & Associates have decades of experience helping Western New York residents recover the compensation they need to move forward with dignity.

Call us today at (716) 992-2222 or contact us via our online form for a free consultation to learn more about how we can fight for the justice you deserve.

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