Erie County Car Accident Lawyers

Car accidents in Erie County, New York, affect numerous local residents every year. Erie County crashes often happen because of any number of risky behaviors: Speeding, distracted driving, and impaired driving frequently cause collisions. Plus, drivers in Western New York also need to contend with dangerous winter weather, snow, ice, and poor visibility, which all contribute to a higher accident rate. 

What Should I Do Immediately After a Car Accident?

Your safety comes first. After any crash, check for injuries and call 911 to request medical assistance and police presence. You should always seek medical aid, even for minor pain, since some injuries may not appear right away. 

If possible, move your car out of traffic and use your hazard lights to warn others. Once it is safe to do so, take photos of the scene, any car damage, and all injuries. Exchange insurance and contact information with the other driver, and collect names and contact details from any witnesses. 

New York law requires you to file a report with the Department of Motor Vehicles within 10 days in case of an injury or over $1,000 in property damage.

How Does New York’s No-Fault Insurance System Work?

New York uses a ‘no-fault’ insurance model for car accidents, which means that your own insurance covers the costs of your medical treatment, lost wages, and accident-related expenses, regardless of who caused the crash. By law, your Personal Injury Protection (PIP) policy must provide at least $50,000 in coverage per person. To access this compensation, you must submit a written claim to your insurer within 30 days of the accident.

These no-fault benefits can help cover your medical bills, a portion of any wages you lose due to time off work (generally up to 80%, with monthly limits), help with transportation to doctor visits, and basic household needs if your injuries prevent you from doing daily tasks. Typically, this coverage kicks in before your regular health insurance. However, if you suffered a serious injury—defined by New York as a broken bone, significant disfigurement, permanent loss of use of a body part, or an injury that keeps you from regular activity for at least 90 days—you may also have legal grounds to sue for pain, suffering, and additional out-of-pocket losses not covered by PIP.

How Long Does It Take to Settle a Car Accident Claim?

Every case is different. A straightforward claim without any factual disputes could come to a resolution in a matter of months. However, cases with more severe injuries or that spark arguments about what happened can take a year or longer to resolve. Additionally, cases with accidents that involved more than two cars may involve more parties and therefore take longer.

What Evidence Is Important for My Case?

Strong cases are built on good evidence. Key documents and items include the following:

• Police reports
• Medical records showing your injuries and treatments
• Photos of your car, your injuries, and the scene
• Estimates and receipts for car repairs and medical bills
• Statements and contact information from witnesses
• Notes or journals tracking your pain and how the accident affects your day-to-day life

The more details you can provide, the better.

How Can I Protect My Rights After an Accident?

To protect yourself and your rights after your collision, stick to the following guidelines:

• Avoid admitting fault or speculating about what happened—just stick to the facts when talking to the police and insurance adjusters.
• Get medical attention immediately and follow your doctor’s advice.
• Keep all paperwork and receipts related to your accident.
• Be careful not to sign anything from an insurance company without reviewing your options.
• Work with a law firm that understands car accident claims in Erie County.

Follow these steps to maximize your chances of a successful personal injury lawsuit after your crash. 

When Should I Contact a Lawyer?

You should consult with a car accident lawyer as soon as possible—especially if you need to deal with a serious injury, cannot clearly identify who caused the collision, or feel overwhelmed dealing with insurance companies. 

When you retain a lawyer early on in the process, they can help you meet all the important deadlines and help you demand all the compensation you deserve in the settlement process. And if you need to go to court to file your claim, a lawyer can advocate for your right to pursue a payout for your pain and suffering or other non-economic damages.

If you need an experienced lawyer for your case, you can trust Dan Chiacchia, a well-known trial lawyer who started his career as a prosecutor with the Erie County District Attorney’s office. He has secured numerous large verdicts and settlements for clients, including his work as part of the legal team that achieved a $150 million settlement for survivors in the Diocese of Buffalo bankruptcy case—one of the largest ever of its kind.

Get Guidance and Support After Your Car Accident with the Erie County Car Accident Lawyers at Dan Chiacchia Injury Attorneys

Let the Erie County car accident lawyers at Dan Chiacchia Injury Attorneys fight to get you the compensation you deserve if you have been injured in a car accident. Located in Hamburg, New York, we provide legal representation for clients in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county. For a free case review, fill out our online form or call us at 716-648-3030.