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Car Accident Lawyer Buffalo, NY
Free ConsultationsWere you hurt in a crash that someone else caused in Buffalo?
Plaintiff-focused attorneys standing up for injured drivers and passengers across Buffalo, NY.
A serious car accident can upend your life in seconds, leaving you with mounting medical bills, lost income, and an insurance system that is difficult to navigate alone. A car accident lawyer in Buffalo, NY at Jacobson Injury Firm handles New York’s no-fault rules, establishes the other driver’s negligence, and pursues the full compensation you deserve. Attorney Adam Jacobson, licensed in New York, prepares each claim as though it will be decided by a jury. Contact us for a free consultation to learn what your case may be worth.
Car Accident Lawyer Buffalo, NY
A car accident claim in New York starts differently than in most other states because of the no-fault insurance system. Buffalo sees serious collisions on I-90 (the New York State Thruway), I-190, Route 33 (the Kensington Expressway), Route 5 along the Lake Erie shoreline, Delaware Avenue, Elmwood Avenue, and the major intersections throughout the city’s neighborhoods. The Peace Bridge approaches and the interchange corridors feeding downtown from the south and east generate significant crash volumes, as does the traffic around Buffalo Niagara International Airport. Violations of the New York Vehicle and Traffic Law are often central evidence of fault. Matters that proceed to litigation are heard in Erie County Supreme Court, part of New York’s 8th Judicial District.
Serious crashes often give rise to related claims. When a collision involves a commercial vehicle, our Buffalo truck accident lawyer page explains how those cases differ, and riders should see our Buffalo motorcycle accident lawyer page. For the full range of claims we handle, visit our Buffalo personal injury lawyer overview.
New York’s No-Fault System: How It Affects Your Claim
New York is a no-fault state. Under Insurance Law § 5101, every driver must carry Personal Injury Protection (PIP) coverage that pays up to $50,000 in basic economic loss, covering medical bills and lost wages regardless of who caused the crash. After a Buffalo accident, your own no-fault policy is the first source of coverage, and you make that claim through your own insurer, not the at-fault driver’s.
The no-fault system limits the right to sue for pain and suffering unless injuries meet the “serious injury” threshold defined in Insurance Law § 5102(d). Qualifying serious injuries include a fracture, significant disfigurement, permanent consequential limitation of a body organ or member, significant limitation of use of a body function or system, or a medically determined non-permanent injury that prevents the injured person from performing substantially all of their usual daily activities for at least 90 of the first 180 days after the accident. When your injuries meet this threshold, you step outside the no-fault system and bring a full liability claim against the at-fault driver for pain and suffering and other damages PIP does not cover.
Common Causes of Car Accidents in Buffalo
Most crashes trace back to preventable driver conduct. The causes we see most often include:
- Distracted driving. Phones and in-car distractions that take a driver’s attention off the road, particularly dangerous at the high-volume intersections on Delaware Avenue, Elmwood Avenue, and Main Street.
- Speeding on highways. Excess speed on I-90 and I-190 that turns a momentary mistake into a catastrophic crash.
- Impaired driving. Alcohol and drug impairment, which can also support a Buffalo DUI accident claim against the driver and potentially against a bar that overserved.
- Failure to yield and running signals. Intersection crashes caused by drivers who ignore right-of-way at Buffalo’s busier crossings.
- Lake-effect weather. Buffalo’s notorious lake-effect snow and ice require extra caution on elevated roadways, highway ramps, and bridges that drivers do not always exercise, particularly early and late in the season.
Why Choose Jacobson Injury Firm as Your Car Accident Lawyer in Buffalo, NY?
Preparation Insurers Respect
Adam Jacobson approaches each case with a litigation-driven mindset and readies every matter as though it will reach a courtroom, which is often what moves an adjuster off a lowball offer. He earned his law degree from Florida International University College of Law and is admitted to practice in New York, Florida, Connecticut, and Illinois. His Bachelor of Science in Biotechnology with a minor in Immunology proves especially useful when medical records and injury causation are central to establishing the claim’s value.
Direct Attorney Access and Real Recoveries
Unlike high-volume firms that pass clients between paralegals, Adam personally handles every case from the first phone call to final resolution. He has recovered millions of dollars for injured clients and prepares every Buffalo case for the Erie County courts where it may be decided.
No Fee Unless We Win
Car accident cases are handled on a contingency fee basis, so there is no retainer and no hourly billing, and a fee is owed only if we recover for you. When a crash causes lasting harm, we also handle Buffalo catastrophic injury and Buffalo wrongful death claims.
Understanding Damages and Fault Under New York Law
Once the serious injury threshold is met, recoverable damages can include pain and suffering, future medical care beyond PIP limits, lost earnings above PIP coverage, and other out-of-pocket costs. New York’s pure comparative fault rule under CPLR § 1411 means that even a partially at-fault plaintiff can recover, with damages reduced proportionally by their share of blame. There is no recovery bar at any fault level in New York. The burden of proving comparative fault falls on the defendant under CPLR § 1412, not on you. An insurer that argues you were partly responsible must prove it, and clear evidence of the other driver’s conduct protects your recovery.
Important Aspects of a Car Accident Case in Buffalo
A few factors consistently shape how these claims unfold. Prompt no-fault filing is essential, because PIP benefit claims have their own short deadlines separate from the lawsuit deadline, and missing them can forfeit coverage you are entitled to. Medical care protects your health and documents the severity of injuries that may need to satisfy the serious injury threshold. Evidence from the crash scene, including footage from businesses and traffic cameras on Buffalo’s corridors, fades or gets overwritten quickly, so acting fast matters. And because no-fault adjusters and liability adjusters serve different interests, we manage both tracks of coverage on your behalf from the moment you retain us.
The Car Accident Case Timeline
We open your no-fault claim promptly to protect PIP benefits. We then investigate the crash, gather the evidence, and assess whether your injuries meet the serious injury threshold. Once clear, we pursue a liability claim against the at-fault driver, submit a demand, and negotiate toward a fair settlement. If the insurer refuses a reasonable amount, we file suit in Erie County Supreme Court and move into discovery. Finally, the case resolves through settlement or, when necessary, a jury trial.
Important New York Legal Resources
No-fault coverage is governed by Insurance Law § 5101, the serious injury threshold by Insurance Law § 5102(d), pure comparative fault by CPLR § 1411, and the statute of limitations under CPLR § 214 gives most negligence claims three years from the date of the crash. National NHTSA road-safety research documents how often routine trips end in serious injury.
Car Accident Lawyer FAQs
Does New York have no-fault car insurance?
Yes. Under Insurance Law § 5101, PIP coverage pays up to $50,000 in economic losses regardless of fault, claimed from your own insurer. To sue the at-fault driver for pain and suffering, injuries must meet the serious injury threshold under § 5102(d).
What qualifies as a “serious injury” in New York?
Under Insurance Law § 5102(d), qualifying injuries include a fracture, significant disfigurement, permanent consequential limitation of a body organ or member, significant limitation of use of a body function or system, or a medically determined non-permanent injury preventing substantially all usual daily activities for at least 90 of the first 180 days. A fracture typically qualifies automatically.
What if I was partly at fault for the crash?
You can still recover. Under New York’s pure comparative fault rule, CPLR § 1411, your damages are reduced by your percentage of fault, but there is no recovery bar. New York is more plaintiff-friendly on this point than many other states.
How long do I have to file a car accident claim in New York?
Most negligence claims must be filed within three years under CPLR § 214. No-fault benefit claims have much shorter deadlines and must be submitted promptly after the accident. Acting early protects both tracks.
What does it cost to hire a car accident lawyer?
Nothing upfront. Jacobson Injury Firm handles car accident cases on a contingency basis, so there are no attorney fees unless we recover compensation for you, and the initial consultation is free.
Contact Jacobson Injury Firm to Schedule a Consultation
If you were injured in a car accident in Buffalo, you do not have to navigate the no-fault system and the liability claim alone. A Buffalo car accident lawyer at Jacobson Injury Firm can handle both tracks of coverage and pursue the full compensation you deserve. Consultations are free, and we work on a contingency basis, so there are no attorney fees unless we recover for you. Contact Jacobson Injury Firm today to speak directly with Adam Jacobson.