Introduction

Welcome to The Buffalo Injury Law Firm’s car accident guide where you can find lots of helpful information to help you or someone you love after a car crash. For our clients, we are their trusted ally in seeking justice and compensation after a car accident in Buffalo, New York. We understand that the aftermath of a car accident can be overwhelming, especially when it affects your family's well-being. We want to share our expertise with you to guide you through the process, ensuring your rights are protected and your family receives just and fair compensation, whether you hire an attorney or not.

Accident statistics

According to the most recent data available from the New York State Traffic Satefy Statististcal Repository, there were a total of 20,109 car crashes in Erie County in 2021. Of that number, 61 crashes were fatal and 5,948 resulted in personal injury. These numbers highlight the importance of being cautious and vigilant while driving on the roads of Erie County, New York. It is essential to take necessary precautions to avoid being involved in an accident, such as following traffic rules, driving at a safe speed, and avoiding distractions while driving.

Additionally, it's worth noting that the number of car crashes in Erie County before COVID was steadily increasing. In 2018, there were 22,395 crashes, and 22,877 crashes in 2019. However, in 2020, the number of crashes went down to 17,239.

This trend emphasizes the importance of being a responsible driver and taking necessary precautions while driving. It's also essential to be aware of the common causes of accidents, such as speeding, drunk driving, and distracted driving, and to avoid engaging in these activities while on the road.

Common causes of car accidents

According to data provided by the New York State Department of Motor Vehicles in 2021, the factor most reported as causing car accidents resulting in injuries is distracted driving or driver inattention. As you might expect, cellphone use and texting while driving is one of the primary culprits distracting drivers. Other distractions include radio use, children, eating and drinking, and mind wandering. Distracted driving is followed by:

• Failure to yield the right of way
• Following too closely
• Unsafe speed
• Improper lane change
• Disregarding a traffic control device
• Alcohol

Common types of car accidents

Car accidents are a common occurrence in Buffalo, New York, and can happen to anyone at any time. It's essential to drive defensively and follow traffic rules to prevent accidents from happening. Below is a list of the most common types of car crashes:

Rear-End Collisions

One of the most common types of car accidents in Buffalo is rear-end collisions. These accidents occur when one vehicle hits the rear of another vehicle. They often happen at traffic lights or when traffic is slowed or stopped. Rear-end collisions can result in whiplash injuries and damage to the vehicles involved.

T-Bone Accidents

T-bone accidents occur when one vehicle collides with the side of another vehicle, creating a T-shape. These accidents typically occur at intersections when one driver fails to yield the right of way or runs a red light. T-bone accidents can cause severe injuries, especially if the impact is on the driver's side of the car.

Head-On Collisions

Head-on collisions occur when two vehicles collide front-to-front. These accidents are often caused by a driver crossing the center line or driving the wrong way on a one-way street. Head-on collisions are the most severe type of car accident and often result in serious injuries or fatalities.

Sideswipe Collisions

Sideswipe collisions occur when two vehicles traveling in the same direction make contact with each other. These accidents can happen when a driver fails to check their blind spot before changing lanes. While sideswipe collisions are often less severe than other types of accidents, they can still result in property damage and injuries.

Multi-Vehicle Pileups

Multi-vehicle pileups occur when three or more vehicles are involved in an accident. These accidents often happen on highways or during heavy traffic when a driver fails to slow down or stop in time. Multi-vehicle pileups can cause severe injuries and property damage.

If you're involved in a car accident, seek medical attention immediately and contact the legal team at the Buffalo Injury Law Firm for legal assistance. Remember, safety should always be your top priority when driving on the road.

What to do after a car crash?

Car accidents can be a traumatic experience, and it's essential to know what to do in the aftermath. Here are some steps to take after a car accident:

1. Check for injuries: If anyone is hurt, call 911 immediately.
2. Move to a safe location: If possible, move your car to the side of the road to avoid further accidents.
3. Exchange information: Get the name, contact information, and insurance details of the other driver involved in the accident.
4. Document the scene: Take pictures of the damage to both cars and the surrounding area.
5. Seek medical attention: Even if you feel fine, it's crucial to get checked out by a doctor to ensure there are no underlying injuries.
6. Contact an attorney: If you've been injured in the accident, it's essential to contact a personal injury attorney to discuss your legal options.
7. Contact your insurance company: only after you have spoken to your lawyer, contact your insurance company to notify them of the collision.

Remember, the aftermath of a car accident can be overwhelming, but taking these steps can help ensure your safety and protect your legal rights.

Do I have "Full Coverage?"

Who pays for vehicle damage?

What is No-Fault Insurance?

What is Serious Injury Threshold?

Most common injuries caused by car accidents

Car accidents can result in a wide range of injuries, varying in severity depending on the circumstances of the collision. As a parent, your utmost concern is the well-being of your family, and understanding the potential injuries that can occur is crucial for seeking the necessary medical attention and legal representation. Here are some of the most common injuries caused by car accidents:

1. Whiplash: A sudden jolt or impact can strain the neck muscles and ligaments, leading to whiplash. Symptoms may include neck pain, stiffness, headaches, and limited mobility.
2. Fractures: Fractures commonly occur in car accidents, particularly in the arms, legs, ribs, and facial bones. Broken bones often require medical intervention, such as casting or surgery, and rehabilitation.
3. Head and Brain Injuries: Head injuries can range from concussions to severe traumatic brain injuries, brain bleeds, and skull fractures. They may result in cognitive impairments, memory loss, headaches, and changes in mood or behavior.
4. Spinal Cord Injuries: Damage to the spinal cord can cause paralysis or loss of sensation in various parts of the body. Spinal cord injuries often require extensive medical treatment, rehabilitation, and lifelong care.
5. Neck and Back Injuries: Neck and back injuries range from tears to the muscles, ligaments, and tendons that support the spine, to herniated discs, to vertebral fractures. These injuries can cause significant pain, limited mobility, and may require medical intervention and rehabilitation.
6. Herniated Discs: Herniated discs occur when the soft center of a spinal disc pushes through a crack in the outer layer. This can cause back or neck pain, numbness or tingling in the extremities, and weakness. Treatment options include medication, physical therapy, injections, and in severe cases, surgery.
7. Shoulder Injuries: Car accidents can cause injuries to the shoulders, such as dislocations, fractures, or rotator cuff tears. These injuries can result in pain, limited mobility, and difficulty performing daily activities.
8. Knee Injuries: The knees can be vulnerable to injuries in car accidents due to the impact or sudden twisting motions. Common knee injuries include ligament tears (such as ACL or MCL tears), fractures, and meniscus tears. These injuries can cause pain, instability, and difficulty walking or bearing weight.
9. Burns: Burn injuries can occur due to contact with hot surfaces, flames, or hazardous substances during a car accident. Burns may range from minor to severe, requiring immediate medical attention. Treatment can include wound care, pain management, and, in severe cases, skin grafts or reconstructive surgery.
10. Psychological Trauma: Car accidents can leave individuals with emotional and psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, depression, and fear of driving or being in vehicles.

What kind of doctor should I see after a car accident?

When you or your loved ones are injured in a car crash, seeking medical attention from the right professionals is crucial for your well-being and recovery. Here are the most common types of medical professionals you may encounter after a car accident:

1. Emergency Room Physician: Emergency room physicians are often the first medical professionals you'll encounter after a car accident. They provide immediate care and stabilization, assessing the severity of injuries and determining the need for further medical interventions.
2. Primary Care Physician (PCP): Your primary care physician serves as the central point of contact for your overall healthcare. They can assess your injuries, refer you to specialists, and coordinate your ongoing care and treatment.
3. Chiropractor: Chiropractors focus on the diagnosis and treatment of musculoskeletal conditions, particularly those affecting the spine. They provide non-surgical interventions, such as spinal adjustments, to alleviate pain, improve mobility, and promote overall wellness.
4. Orthopedic Surgeon: Orthopedic surgeons specialize in the diagnosis and treatment of musculoskeletal injuries. They handle fractures, broken bones, and injuries to joints, providing surgical interventions when necessary and guiding the rehabilitation process.
5. Neurologist: Neurologists specialize in the diagnosis and treatment of injuries and disorders affecting the nervous system, including head and brain injuries. They conduct neurological assessments, provide treatment plans, and monitor the recovery process.
6. Neurosurgeon: Neurosurgeons are specialized surgeons who deal with injuries or conditions involving the brain, spinal cord, and nerves. They may perform surgical interventions for severe head or spinal cord injuries.
7. Physiatrist (Physical Medicine and Rehabilitation Specialist): Physiatrists specialize in physical medicine and rehabilitation, focusing on restoring function and improving quality of life after an injury. They design personalized treatment plans and coordinate therapies such as physical therapy, occupational therapy, and pain management.
8. Physical Therapist: Physical therapists are experts in rehabilitating musculoskeletal injuries. They develop customized exercise programs to help regain strength, mobility, and functionality. Physical therapy is essential for recovering from broken bones, soft tissue injuries, and spinal cord injuries.
9. Psychologist or Psychiatrist: Psychologists and psychiatrists specialize in mental health and can provide support for individuals who experience psychological trauma after a car accident. They help manage conditions like post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional difficulties.
10. Dentist: Dentists specialize in oral health and can address dental injuries that may occur during a car accident. They treat fractures, tooth damage, or other dental trauma resulting from the impact of the collision.

What kind of medical tests should I get after a car crash?

When injured in a car crash, medical tests are essential for diagnosing and assessing the extent of injuries, guiding treatment plans, and monitoring recovery progress. These tests, performed by specialized medical professionals, provide valuable insights into nerve injuries, dynamic motion of body structures, and disc-related abnormalities, aiding in accurate diagnosis and guiding appropriate treatment strategies. Here are the most common medical tests individuals may undergo after a car accident:

• X-rays: X-rays use electromagnetic radiation to create images of bones and detect fractures, dislocations, or other skeletal injuries. They are commonly performed to evaluate potential broken bones or joint injuries resulting from the impact of the collision.
• Computed Tomography (CT) Scan: CT scans use a combination of X-rays and computer technology to produce detailed cross-sectional images of the body. They are useful for assessing injuries to the head, brain, chest, abdomen, and pelvis, providing a comprehensive view of potential internal injuries.
• Magnetic Resonance Imaging (MRI): MRI scans utilize powerful magnets and radio waves to create detailed images of soft tissues, such as muscles, ligaments, tendons, and organs. They are helpful in diagnosing injuries to the brain, spinal cord, joints, and internal organs, providing a more detailed assessment than X-rays or CT scans.
• Diffusion Tensor Imaging (DTI) Testing: DTI testing is a specialized form of magnetic resonance imaging (MRI) that focuses on assessing the integrity of nerve fibers in the brain and spinal cord. It provides detailed images of white matter tracts and helps detect microscopic damage caused by traumatic brain injuries or spinal cord injuries resulting from car accidents. DTI testing can aid in the diagnosis and evaluation of conditions like diffuse axonal injury, helping healthcare professionals develop appropriate treatment and rehabilitation plans.
• Ultrasound: Ultrasound imaging uses high-frequency sound waves to generate real-time images of internal structures. It is commonly used to examine soft tissues, blood vessels, and organs, assessing for injuries, such as internal bleeding or organ damage.
• Cognitive and Neuropsychological Tests: Cognitive and neuropsychological tests assess brain function, memory, attention, and cognitive abilities. These tests help evaluate the impact of head injuries on cognitive function and guide appropriate treatment and rehabilitation strategies.
• Orthopedic Exams: Orthopedic doctors perform a variety of tests in the exam room to evaluate the musculoskeletal system, identify specific injuries, and determine the extent of functional impairment. During an orthopedic exam, the physician may assess joint stability, range of motion, muscle strength, and coordination. They may also perform specific tests to evaluate ligament integrity, joint stability, or nerve function. These exams help identify fractures, ligament tears, muscle strains, or other orthopedic injuries.
• EMG (Electromyography): EMG measures the electrical activity of muscles and the associated nerves. It is useful in diagnosing nerve injuries, such as nerve compression or peripheral nerve damage, and helps guide appropriate treatment and rehabilitation.
• Digital Motion X-ray: Digital motion X-ray, also known as videofluoroscopy, captures real-time X-ray images of the body's moving parts, such as joints or the spine. It provides dynamic visualization of injuries and helps assess the stability and function of these structures.
• Discogram: A discogram involves the injection of contrast dye into one or more spinal discs to assess disc abnormalities, such as herniation or degeneration. It helps identify the source of back or neck pain and determines if a specific disc is causing symptoms. The procedure is often performed by a radiologist or an interventional pain management specialist to guide treatment decisions, such as spinal fusion or other interventions aimed at relieving pain and improving spinal stability.

What kind of treatment should I get after a car accident?

The specific treatment approach will depend on the nature and severity of the injury, and a comprehensive evaluation by a qualified medical professional is necessary to determine the most appropriate course of action. The following are the most frequent types of procedures or treatments people get after a car accident:

1. Chiropractic Adjustments: Chiropractors specialize in manual manipulation techniques to realign the spine and joints. They may perform spinal adjustments to reduce pain, restore proper joint function, and improve overall mobility. Chiropractic care aims to alleviate musculoskeletal imbalances and promote natural healing processes.
2. Physical Therapy: Physical therapy plays a crucial role in rehabilitating back and shoulder injuries. Physical therapists develop customized exercise programs and use various modalities, such as heat or cold therapy, ultrasound, and electrical stimulation, to reduce pain, restore strength and flexibility, and improve range of motion.
3. Trigger Point Injections: Trigger point injections are administered by physiatrists or pain management specialists to treat specific areas of muscle tightness or knots, known as trigger points. These injections typically include a local anesthetic, such as lidocaine, and may also include a corticosteroid. Trigger point injections help relax the muscle, reduce pain, and improve range of motion by addressing the underlying muscle tension or spasms associated with back and shoulder injuries.
4. Epidural Steroid Injections: A physiatrist or pain management specialist may administer epidural steroid injections. This procedure involves injecting corticosteroids and local anesthetics directly into the epidural space around the spinal nerves to reduce inflammation, relieve pain, and facilitate physical therapy and rehabilitation.
5. Facet Joint or Medial Branch Blocks: Facet joint or medial branch blocks are performed by pain management specialists to diagnose and treat facet joint-related pain. These injections involve the precise placement of a local anesthetic or numbing medication near the small joints located between the vertebrae in the spine. Facet joint or medial branch blocks can help determine if the facet joints are the source of pain and provide temporary pain relief, allowing for further treatment planning or the consideration of more long-term solutions.
6. Radiofrequency Ablation: Pain management specialists may use radiofrequency ablation (RFA) to treat chronic back or shoulder pain. RFA uses radiofrequency energy to create heat and selectively destroy nerve fibers responsible for transmitting pain signals. This procedure can provide long-term pain relief.
7. Transcutaneous Electrical Nerve Stimulation (TENS): TENS therapy is a non-invasive treatment that utilizes low-voltage electrical currents to provide pain relief. Electrodes are placed on the skin over the affected area, and the electrical stimulation helps reduce pain by interfering with pain signals sent to the brain.
8. Microdiscectomy: A microdiscectomy is a surgical procedure performed by neurosurgeons to treat herniated discs in the spine. It involves removing a portion of the damaged disc that is pressing on spinal nerves, relieving pain, and reducing associated symptoms like numbness or weakness.
9. Laminectomy: Laminectomy, also known as decompression surgery, is a surgical procedure performed by orthopedic surgeons or neurosurgeons to relieve pressure on the spinal cord or nerves. During a laminectomy, a portion of the bony arch (lamina) of a vertebra is removed to create more space and alleviate compression. This procedure is commonly used to treat conditions such as spinal stenosis or herniated discs that cause nerve impingement, helping to reduce pain and improve mobility.
10. Spinal Fusion Surgery: Orthopedic surgeons or neurosurgeons may recommend spinal fusion surgery for severe back injuries, such as spinal fractures or instability. This procedure involves fusing two or more vertebrae together using bone grafts or implants to stabilize the spine, alleviate pain, and restore function.
11. Shoulder Arthroscopy: Orthopedic surgeons perform shoulder arthroscopy to diagnose and treat various shoulder injuries, such as rotator cuff tears, labral tears, or shoulder impingement syndrome. This minimally invasive procedure involves inserting a small camera (arthroscope) and specialized surgical instruments through small incisions to visualize and repair the injured structures.

Do you need an auto accident attorney?

Not everyone needs to hire a lawyer after an auto accident. Hiring a personal injury lawyer after a car accident is recommended when you face severe or permanent injuries. If your injuries are severe, involving extensive medical treatment, long-term care, or permanent disability, a lawyer can help ensure you receive fair compensation for medical bills, lost wages, and pain and suffering. Additionally, if liability is disputed, multiple parties are involved, or the insurance company is offering an inadequate settlement, an experienced attorney can navigate these complexities and negotiate on your behalf. Seeking legal representation early on allows you to gather evidence, preserve your rights, and maximize your chances of obtaining the compensation you deserve.

Are auto accident attorneys worth it?

Hiring an accident or personal injury lawyer is worth it for several compelling reasons. Statistics consistently show that individuals who engage legal representation tend to receive higher compensation payouts compared to those who navigate the claims process on their own. According to studies, on average, claimants who hire lawyers receive settlements or awards that are significantly larger, in some cases, three to four times more, than those who handle their cases independently. Lawyers bring a deep understanding of the legal system, negotiation tactics, and the value of injuries, which can substantially strengthen your position when dealing with insurance companies or pursuing a lawsuit. Their ability to navigate complex legal procedures, gather evidence, assess damages accurately, and advocate for your best interests ensures you have the best chance of securing the compensation you deserve.

How much does a car crash lawyer cost?

Personal injury lawyers work on a contingency fee basis, which means we get paid a percentage of the total amount recovered on behalf of the client. The percentage varies depending on the type and complexity of the case. For injuries other than medical or dental malpractice, the percentage is 33 1/3 percent of the total recovered. For medical and dental malpractice, there is a fee schedule in which the lawyer fee percentage goes down as the amount recovered goes up. Percentages are set by Title 22 Judiciary of the New York State Codes, Rules, and Regulations. The attorney fee percentage does not include additional costs and expenses (also known as disbursements). These costs are usually advanced by the law firm and are expected to be repaid by the client if there is a settlement. These costs typically include the cost of hiring an investigator or experts, getting medical records, and court filing fees. It's important to discuss fees and payment arrangements with a personal injury lawyer before hiring them.

How to find the right attorney?

Finding the right attorney for your case is crucial when seeking legal representation. The right attorney for your case will depend on a number of factors and what is most important to you as the client. Here are a few steps to help you find a trusted and experienced attorney:

1. Seek Recommendations: Start by asking friends, family, or colleagues if they have any recommendations for reputable attorneys they have worked with in the past. Personal referrals can provide valuable insights into an attorney's professionalism, expertise, and success.
2. Research Online: Conduct thorough research online to identify attorneys who focus or specialize in the relevant practice area, such as personal injury law. Look for attorneys with positive reviews, experience, and a track record of successful cases. Websites, legal directories, and online platforms can provide valuable information about an attorney's background, credentials, and client feedback.
3. Check Bar Association Websites: Visit your state's bar association website, as they often have directories of licensed attorneys. Verify that the attorney you are considering is in good standing with the bar and has not faced disciplinary actions or complaints.
4. Schedule Consultations: Contact a few attorneys to schedule initial consultations. Most personal injury attorneys offer free consultations to discuss your case and assess whether they are the right fit for your needs. Use this opportunity to ask questions about their experience, approach to cases, and fee structure. Pay attention to how well they listen, communicate, and demonstrate a genuine interest in your situation.
5. Evaluate Experience and Expertise: Consider the attorney's experience and expertise in handling cases similar to yours. Assess their track record of success in obtaining favorable outcomes for their clients. A reputable attorney should have a deep understanding of the relevant laws, court procedures, and negotiation strategies.
6. Consider Communication: Effective and prompt communication is key when working with a personal attorney. Evaluate their responsiveness to your inquiries, their willingness to keep you informed about your case's progress, and their ability to explain complex legal concepts in a clear and understandable manner. Your personal injury attorney should know what is going on with your injuries and treatment, and should care whether you are getting better.
7. Consider Availability: Making sure your attorney is staying on top of your case and pushing it towards resolution is critical to a positive outcome. Ensure that the personal injury attorney has ample time and resources to handle your case. Lawyers at large advertising firms have lots of cases, so you may not get the same level of attention as would get with a lawyer with much fewer cases.
8. Assess Professionalism and Compatibility: Trust your instincts and evaluate the attorney's professionalism, integrity, and demeanor during your interactions. A reputable attorney should prioritize your best interests, maintain confidentiality, and demonstrate empathy and respect.

By following these steps, you can increase your chances of finding a the right attorney for your case. Remember to also trust your instincts and choose an attorney with whom you feel comfortable and confident in handling your case.

How much is my case worth?

Determining the value of your case is a lengthy topic best reserved for a book. It requires a personal injury lawyer to consider their knowledge, experience, creativity, and analysis of the facts specific to your situation. For example, the amount of insurance coverage, the severity of your injuries, the impact on your daily life, medical expenses, lost wages, pain and suffering, and any long-term consequences all factor into the value of a case. Additionally, the strength of your evidence and the liability of the other party plays a role. An experienced attorney will carefully analyze all relevant factors, gather supporting evidence, and consult with experts if needed. A great personal injury lawyer should also be working to make your case an outlier so as to keep your case from falling in the trap of settling for whatever every other case has settled for. Keep in mind that each case is unique, and it's important to consult with a legal professional who can provide personalized guidance based on the specific circumstances of your situation.

Damages in a New York Car Accident

Am I eligible for pain and suffering damages?

Pain and suffering damages, also called non-economic damages, are designed to reimburse people for the intangible harm they have suffered because of someone’s negligence. Eligibility depends on the type of case. To recover pain and suffering damages in a car or trucking accident, you must meet the "serious injury" threshold. This threshold helps filter out minor injuries and requires the guidance of an experienced personal injury attorney. Not all personal injury cases have the serious injury threshold. Call an experienced personal injury attorney to determine if your case meets the necessary criteria for pursuing pain and suffering damages under New York law.