At Morelli Law Firm, we understand that accidents caused by tailgating can leave victims with substantial medical debts and pain and suffering. We believe that negligent and aggressive drivers should pay for the consequences of their actions. Speak with a team member for a free case evaluation at (212) 751-9800 today.
A Buffalo tailgating accident lawyer will help you with insurance negotiations and fight your battles in court. Our law firm can handle all aspects of your case in pursuit of a fair outcome.
How a Lawyer Can Help After a Tailgating Accident in Buffalo
Tailgating, or following too closely behind a car, is risky behavior that some inexperienced, negligent, distracted, or careless drivers exhibit. It decreases the amount of available time to stop, leading to crashes. Tailgating can cause severe injuries. Even if the crash occurred when both vehicles were moving relatively slowly, injuries could be catastrophic.
Although the law allows you to file the claim yourself, a lawyer can add value to your pursuit of justice. Car crashes can involve many at-fault parties with varying degrees of negligence. If the tailgater’s insurance carrier suspects that they will pay a lot of money in compensatory damages, they may begin by exhausting all available avenues of minimizing their losses. Their move may include hiring a defense legal team.
Therefore, you should also have a legal team on your side. A law firm like ours can offer vital legal services, including:
- Assessing the severity of your damages
- Investigating the accident
- Taking photos, getting CCTV footage, and collecting other kinds of evidence
- Securing eyewitness statements
- Collecting police reports
- Establishing negligence
- Leading negotiations with defense lawyers and insurance companies
- Filling necessary documentation
- Meeting all legal deadlines, such as the applicable statutes of limitations
When you get involved in this kind of accident, a lawyer will use their knowledge of the law to fight for your rights and safeguard your interests.
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Injuries You Might Have Suffered in Your Tailgating Accident
Despite traffic rules set to ensure safety on American roads, many motorists often get too close to the vehicles in front of them. Ignorance about safe driving, road rage, drunk driving, and distracted driving can contribute to accidents.
A tailgating accident can result in one car hitting the rear of another. In these types of accidents, there are some injuries victims can suffer, such as:
- Internal bleeding and severe internal body injuries
- Traumatic spinal cord injuries and paralysis
- Traumatic brain injuries (TBI)
- Cuts and laceration
- Fractured or broken bones
- Neck and back injuries
- Post-traumatic stress disorder (PTSD)
If you or your loved ones are victims of a tailgating accident, you can make the negligent party provide compensation for damages. However, you need to prove your case first. A lawyer can make the process manageable by documenting, assessing, and determining the severity of your damages. If the case goes to court, your lawyer will defend your claim.
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Types of Compensation You Can Recover After a Tailgating Accident
Tailgating crashes can lead to a range of serious injuries. You may be recovering physically and emotionally. Therefore, it is advisable to let a Buffalo tailgating accident lawyer seek compensation on your behalf. The most common compensatory damages you can claim include:
- Medical costs: Involves reimbursement of treatment costs related to the accident (ongoing expenses if your injuries are permanent, ex: paralysis)
- Property damage: The cost of repairing or replacing your vehicle
- Loss of income: The income you lose while you are in recovery
- Lost future earning capacity: If your injuries are permanent, meaning that you will never return to work
- Pain and suffering: Compensation for any mental or physical anguish, including loss of enjoyment of life
You Can Also Seek Wrongful Death Damages
A tailgating accident can lead to death. According to the New York Justice Department, if you lost a loved one in such a crash, you can bring a wrongful death claim against the tailgater (or other liable parties). Wrongful death claims can include payment for funeral and burial expenses, pain and suffering, and reimbursement of medical bills the deceased had accumulated before death.
Do not carry the medical burden resulting from someone else’s fault in a tailgating accident. Treating conditions such as spinal cord damage and traumatic brain injuries can drain all of your family’s finances. If you believe the tailgater owes you any of the above damages, get in touch with a lawyer to pursue fair compensation.
Make Sure You Adhere to the Statutes of Limitations in New York
New York’s statute of limitations generally gives you three years from the date of the accident to file your claim under New York Civil Practice Law & Rules (CVP) §214.
A statute of limitations stipulates the timeline for victims of accidents to pursue compensation from the wrongdoers. It can be hard to serve justice for old cases because witness memories fade with time, victims and witnesses die, laws change, and evidence disappears or deteriorates with time.
Even if you have a strong case against your tailgater, you can lose the right to compensation if you violate the state’s statute of limitations.
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Start Your Pursuit of Justice with Morelli Law Firm Today
According to traffic rules, motorists must leave enough space between them and the vehicle in front. If you are a victim of a tailgating accident, do not let the at-fault parties get away with their negligent behaviors. Reach out to us to start the process of filing a claim.
Your Buffalo tailgating accident lawyer will walk with you every step of the way, to ensure justice is served and you get closure. Call Morelli Law Firm at (212) 751-9800 today for legal advice regarding the next steps to take.