West Seneca Car Accident Lawyers
West Seneca Car Accident Lawyers
Car accidents can have far-reaching effects on those involved, leaving them with long-term physical injuries, financial challenges, and emotional distress. These survivors often face numerous confusing legal and procedural questions, particularly when dealing with insurance companies and pursuing claims for damages.
Having reliable legal representation is vital for anyone trying to handle these situations effectively. The West Seneca car accident lawyers at Chiacchia Injury Attorneys are well-equipped to assist individuals through this process. We start by identifying the cause and answering common questions and steps to take following an accident. This helps our clients make informed decisions and protect their interests.
What Are the Common Causes of Car Accidents?
These are some of the most common causes of motor vehicle crashes:
- Distracted driving, such as texting, eating, or using a GPS.
- Impaired driving, whether due to alcohol, drugs, or fatigue.
- Speeding, failure to adhere to traffic signals, and aggressive driving behaviors.
- Environmental conditions, including poor weather and poorly maintained roads.
- Mechanical failures, such as brake malfunctions or tire blowouts.
- Accidents may stem from defects in a vehicle’s design or manufacturing.
Regardless of the cause, identifying contributing factors is a vital part of establishing liability in a car accident claim.
What Should I Do Immediately After a Car Accident?
The steps you take immediately following a car accident can significantly impact your ability to pursue a successful claim. First, prioritize the safety of others; call 911 and move the vehicle to a safe location, if possible. While waiting for responders to arrive, gather as much evidence as possible. This includes taking photographs of the scene, any vehicle damage, and visible injuries. Exchange contact and insurance information with the other driver, but avoid discussing fault or making statements that could be misconstrued. Obtaining contact information from any witnesses is also important, as their accounts may support your claim.
If an ambulance is not needed, have a medical evaluation as soon as possible, even if you do not feel injured. Some injuries may not be immediately apparent but can manifest later. Keeping all records related to medical treatment and vehicle repairs will strengthen your case.
How Can I Determine Who Is at Fault in a Car Accident?
Our West Seneca car accident lawyers examine every potential angle for evidence to build compelling cases. Determining fault in a car accident typically involves assessing the actions of all parties involved and the surrounding circumstances. Police reports often play a significant role, as officers at the scene document their observations and may issue citations for traffic violations. Eyewitness statements can also provide valuable insights into how the accident occurred.
Traffic laws and road conditions are critical in evaluating fault. If one driver failed to yield, ran a red light, or violated another traffic law, they might bear responsibility for the collision. Additionally, evidence such as surveillance footage, dashcam recordings, or forensic analysis of the vehicles can help establish liability.
How Can I Prove the Other Driver Was Distracted or Impaired?
There are several ways to show that another driver was distracted or impaired. Witness statements can provide testimony about behaviors they observed, such as texting, swerving, or signs of impairment. For example, cell phone records may demonstrate whether the driver was using their phone at the time of the crash.
Responding law enforcement officers can also help with this. Officers trained to recognize signs of alcohol or drug use may perform field sobriety tests or administer chemical tests, the results of which can support your claim. This and other information may be in the police report, so inquire about obtaining a copy. Surveillance videos, receipts from establishments, or social media posts may also be used to corroborate impairment.
When Should I Contact a Car Accident Lawyer?
We recommend contacting our West Seneca car accident lawyers as soon as possible after an accident. Legal representation is particularly beneficial if you have sustained injuries, incurred significant property damage, or are facing challenges with an insurance claim. We can review your case, explain your rights, and advocate on your behalf during negotiations or litigation.
Time is a critical factor, as New York law imposes deadlines for filing car accident claims. Our team can help you meet these deadlines and properly document and prepare your case.
Can I Still Recover Compensation if I Was Partially at Fault?
New York follows a comparative negligence system, which allows individuals to recover compensation even if they share some responsibility for an accident. However, the amount of compensation you can recover will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your total compensation will be reduced by that percentage.
Demonstrating the degree of fault requires careful analysis of evidence, witness statements, and applicable laws. Legal counsel can help you effectively present your case and minimize any reduction in your compensation.
When Should I Call My Auto Insurance Company?
Report the accident to your insurance company promptly. Provide them with all relevant information, including the location and short descriptions of injuries and property damage. Be cautious when speaking with insurance adjusters, as statements you make could affect your claim.
How Do Insurance Companies Determine Settlement Offers?
Insurance companies evaluate settlement offers based on the extent of injuries, the cost of medical treatment, and the severity of property damage. They also consider evidence of liability and the policy limits of the at-fault driver’s insurance coverage.
Adjusters often attempt to minimize payouts by questioning the validity of your claim or the necessity of certain expenses. Providing thorough documentation and working with our West Seneca car accident lawyers can strengthen your position during negotiations.
If the insurance company disputes liability or the value of your claim, you may need to file a personal injury lawsuit. This process involves submitting a formal complaint to the court, conducting discovery to gather evidence, and potentially proceeding to trial. We can streamline this process and improve your chances of achieving a favorable outcome.
How Can I Protect My Rights After a Car Accident?
Protecting your rights after a car accident begins with documenting the incident and seeking prompt medical attention. Also, avoid admitting fault or making speculative statements to other parties involved.
Maintaining detailed records, including medical bills, repair estimates, and correspondence with insurance companies, will support your claim. Finally, limit your communication with insurance adjusters until you have consulted with a lawyer, and avoid posting anything about the accident on social media.
Contact the West Seneca Car Accident Lawyers at Chiacchia Injury Attorneys Today for Help with Your Case
Pursuing fair compensation for car accident damages requires a clear understanding of your rights and the legal process. The West Seneca car accident lawyers at Dan Chiacchia Injury Attorneys are dedicated to helping clients fight for the compensation they deserve. To start this journey, complete our online form or call our Hamburg, New York, office at 716-648-3030 for a free consultation. We proudly serve clients in West Seneca, Orchard Park, Lackawanna, Cheektowaga, Erie County, and the rest of the county.