Understanding the Impact of Negligence in a Buffalo Car Accident Claim

Some reckless driver has crashed into you at a Buffalo intersection. Surely, they must owe you compensation, you think — until they leap from their car and start accusing you of being the careless one.

Does that driver have a point? Were you negligent, and if so, how can that affect your case? Below, a Buffalo car accident lawyer explains what to know about negligence and how it might impact your claim.

What Is Negligence?

Negligence refers to the failure to take reasonable steps to protect others from harm. In regards to car accidents, that might include:

• Speeding
• Driving recklessly or aggressively
• Intoxicated driving
• Distracted driving

Your level of negligence affects your ability to recover damages. In some states, you’re unable to collect compensation if you’re more than 50% at fault. Others bar you from recovery if you’re just 1% at fault.

If you’ve had a car accident in Buffalo, the good news is that New York follows pure comparative negligence rules. This means that you can recover damages with the help of a Buffalo car accident lawyer even if you’re 99% at fault for the crash.

How Can Negligence Impact Your Claim?

Although you can collect compensation even if you share the majority of the blame for the crash, you won’t be able to recover your damages fully. The court will reduce your compensation by your amount of fault.

For example, suppose you’re 80% at fault, and your damages are $10,000. You could collect 20% of your damages, or $2,000.

Proving Negligence

Which driver acted negligently can easily turn into a “he said, she said” blame game. Fortunately, the courts won’t just take one driver’s word over another. Lawyers must go through a rigorous process to successfully prove negligence. Here’s what that entails:

• Duty of care: First, your Buffalo car accident lawyer must prove that the driver had a duty of care to you. This simply means that the driver had a duty to obey traffic laws and act safely behind the wheel.
• Breach of duty: If the driver acted negligently by breaking traffic laws, that’s called breach of duty.
• Causation: Your attorney must establish that the accident was due to the driver’s breach of duty and that it would not have happened if they hadn’t acted negligently.
• Damages: To collect compensation, you must have suffered damages, such as damage to your car or medical expenses.

It All Comes Down to the Evidence

Proving negligence requires strong evidence. Some you can gather yourself, while you’ll need the help of a lawyer for other types of evidence.

Solid evidence to collect includes:

• Pictures and videos: Pictures and videos of the accident scene make excellent evidence. Snap photos of your injuries, involved vehicles, road conditions, and the other driver.
• Medical records: Good attorneys will always recommend that you see a doctor ASAP after an accident. Medical documentation outlining your injuries can be the evidence you need to win your case.
• Witness statements: If someone (or even better, multiple people) saw the accident, collect their statements before you leave the scene.
• Professional testimony: Doctors, accountants, engineers, and accident reconstructionists make good witnesses if their testimony is relevant to your case.

Contact a Buffalo Car Accident Lawyer for Legal Representation

Is the driver who hit you accusing you of causing the crash? Worried that negligence might affect your compensation? Reach out to Cantor, Wolff, Nicastro & Hall LLC for a consultation. Our attorneys assist with all types of auto accidents, including car, truck, motorcycle, and pedestrian accidents. Contact us online or at (716) 848-8000 to speak with a Buffalo car accident lawyer today.