Buffalo Car Accident Lawyers | New York Car Crash Attorneys

Below are New York State laws that pertain to car accidents, including negligence, liability, and responsibilities:

1. Vehicle and Traffic Law (VTL) § 1180– Speeding and Minimum/Maximum Speed Limits
   New York VTL § 1180 – Establishes rules about lawful speeds and penalties for violations.
2. Vehicle and Traffic Law (VTL) § 600– Leaving the Scene of an Accident
   New York VTL § 600 – Outlines the duty of a driver involved in an accident to stop and provide information, with enhanced penalties if the accident results in injury or death.
3. Vehicle and Traffic Law (VTL) § 509– Unlicensed Operation
   New York VTL § 509 – Prohibits operation of a motor vehicle without a valid driver’s license.
4. Insurance Law § 5102– No-Fault Insurance Requirements
   New York Insurance Law § 5102 – Establishes the no-fault insurance framework, requiring insurers to cover basic economic losses regardless of fault in the accident.
5. Civil Practice Law and Rules (CPLR) § 214– Statute of Limitations for Personal Injury
   New York CPLR § 214 – Provides that personal injury claims must be filed within three years of the date of the accident.

When pursuing a claim for car accident injuries in New York, victims may recover various types of damages:

1. Economic Damages
   • Medical Expenses: Coverage for past, current, and future medical costs related to the accident.
   • Lost Wages: Compensation for income lost during recovery, including future earning potential if permanently disabled.
   • Property Damage: Reimbursement for vehicle repairs or replacement, along with any other personal property damaged in the accident.
2. Non-Economic Damages
   • Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life.
   • Loss of Consortium: Damages awarded to the spouse of an injured person for loss of companionship and support.
3. Punitive Damages
   • Awarded in rare cases where the defendant’s actions were reckless, intentional, or grossly negligent (e.g., drunk driving).
4. No-Fault Insurance Benefits
   • Covers basic economic losses up to $50,000 regardless of fault, including medical bills and lost wages.

To successfully recover damages in a car accident case, plaintiffs and their legal teams can adopt the following strategies:

1. Prove Negligence
   Demonstrate that the defendant owed a duty of care, breached that duty, and caused the plaintiff’s injuries as a direct result. Evidence includes police reports, witness statements, and expert testimony.
2. Document Economic Losses
   Maintain detailed records of medical bills, repair costs, and proof of lost wages to quantify economic damages accurately.
3. Highlight Non-Economic Harm
   Work with medical and psychological experts to present compelling evidence of pain, suffering, and diminished life enjoyment.
4. Challenge Comparative Negligence Claims
   In New York’s pure comparative negligence system, plaintiffs can recover damages even if partially at fault. Focus on minimizing the plaintiff’s percentage of fault to maximize recovery.
5. Leverage Expert Testimony
   Use accident reconstruction experts, medical professionals, and economists to strengthen the case and validate claims.
6. Explore All Avenues of Liability
   Identify additional responsible parties, such as employers of negligent drivers, vehicle manufacturers (for defective designs), or municipalities (for poorly maintained roadways).