Orchard Park Car Accident Lawyers

Serious car accidents can profoundly affect individuals and their families, as they can cause physical injuries, emotional distress, and financial burdens. That is why many people turn to lawyers when they believe there is a possibility of obtaining compensation for their damages. 

Understanding the legal landscape in New York is vital for anyone involved in a car accident, but that is only part of the picture. Pursuing fair compensation involves gathering evidence, negotiating with insurance companies, and, if necessary, going to court. That is where our Orchard Park car accident lawyers at Dan Chiacchia Injury Attorneys can be of service. Our years of experience, transparency in client communications, and comprehensive knowledge of New York laws work to our clients’ benefit. We are happy to answer any questions you have and will explain your legal options clearly and carefully.

What Steps Should I Take Immediately Following a Car Accident in Orchard Park?

Taking appropriate actions immediately after a car accident can significantly impact the outcome of any subsequent legal claims. 

• First, check for injuries and call 911. Even if injuries seem minor, it is advisable to undergo a medical evaluation, as some symptoms need medical evaluation as soon as possible.
• If possible, move your vehicle out of harm’s way; see if there is a parking lot or shoulder to pull onto. You do not want another vehicle to crash into you while your car is stopped on a road.
• Ask the responding officers about obtaining a copy of the police report. That serves as an official record and can be a critical piece of evidence in your case.​
• Collect information at the scene, including contact and insurance details of all parties involved, as well as contact information for any witnesses. 
• Photograph the accident scene, vehicle damages, and any relevant road conditions or traffic signs; check for a traffic camera. This documentation can be invaluable during the claims process.​
• Notify your insurance company about the accident promptly to comply with policy requirements, but avoid discussing fault or providing detailed statements without consulting a lawyer. 

Feel free to contact our Orchard Park car accident lawyers before calling your insurer. We can advise you about protecting your rights before that conversation is initiated.  

How Is Fault Determined in a New York Car Accident?

This involves analyzing evidence to establish which party's negligence contributed to the incident. Examples include police reports, witness statements, traffic camera footage, and accident scene reconstructions.​ In more complicated cases, our Orchard Park car accident lawyers may work with expert witnesses, like accident reconstruction experts. Once the evidence-gathering phase is complete, we organize it and present it effectively to claim compensation.

How Does New York's No-Fault Insurance System Affect My Ability to Sue After a Car Accident?

New York operates under a no-fault insurance system, which means that after a car accident, your own insurance policy's Personal Injury Protection (PIP) coverage typically pays for medical expenses and lost wages, regardless of who was at fault. This system is designed to expedite compensation without the need for litigation. However, it also limits your ability to sue the at-fault driver for additional damages unless certain conditions are met. 

To step outside the no-fault system and pursue a lawsuit against the responsible party, you must demonstrate that you sustained a "serious injury" as defined by New York law. Examples include significant disfigurement, bone fractures, permanent limitation of use of a body organ or member, significant limitation of use of a body function or system, or substantially full disability for 90 days. Meeting this threshold allows you to seek compensation for ‘non-economic’ damages such as pain and suffering, which are not covered under PIP. An experienced Orchard Park car accident lawyer can assess the specifics of your case to determine if your injuries meet the criteria necessary to file a lawsuit.​

Does New York Have a Car Accident Claim Statute of Limitations?

Yes, New York sets a time limit on a plaintiff’s right to initiate a lawsuit. It is generally three years, and the clock starts ticking on the date of the accident. Should you miss that time limit, your case will most likely be dismissed. There are some exceptions, but those are rare.

What Types of Compensation Can I Pursue After a Car Accident in Orchard Park?

If you have sustained serious injuries that allow you to step outside New York's no-fault system, you may pursue various forms of compensation through a personal injury lawsuit. These can include medical expenses, both current and future, lost wages, loss of earning capacity, pain and suffering, and property damage. However, be aware that New York’s pure comparative fault rule may come into play. That happens when more than one party is found to share liability for an accident. No matter what percentage of responsibility is designated to an involved party, their damages would be reduced by that amount. 

Here is an example to show how that might work:

• Your damages are assessed at $25,000.
• It was determined that you were texting and driving at the time of the accident.
• The court assigns you 25% responsibility.
• Your damages are reduced by 25%, and you are awarded $18,750.

Our Orchard Park car accident lawyers are prepared to assess the details of your case and clearly establish fault. Understanding how liability and comparative fault impact your claim is essential when seeking financial recovery after an accident.

Does New York Have a Car Accident Claim Statute of Limitations?

Yes, New York sets a time limit on a plaintiff's right to bring a lawsuit. If you miss the time limit set by this law and you try to file your car accident lawsuit after the deadline has already passed, the New York court system is almost certain to dismiss your case, unless some rare exception applies to extend the deadline. In most situations, though, you have three years, starting from the date of the crash, to get your car accident case started in the New York court system. For the details, learn more about the car accident statute of limitations in New York.

Let Our Orchard Park Car Accident Lawyers at Dan Chiacchia Injury Attorneys Pursue Compensation for Your Damages

If you or a loved one was injured in a car accident, contact the experienced Orchard Park car accident lawyers at Dan Chiacchia Injury Attorneys today to see if you might be entitled to compensation for your damages. Our team of car accident lawyers provides trusted legal representation and is ready to help. For a free case review, call our Hamburg, New York office at 716-648-3030 or complete our online form. We proudly serve clients in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.