[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.buffalolaw.com\/understanding-the-impact-of-negligence-in-a-buffalo-car-accident-claim\/#BlogPosting","mainEntityOfPage":"https:\/\/www.buffalolaw.com\/understanding-the-impact-of-negligence-in-a-buffalo-car-accident-claim\/","headline":"Understanding the Impact of Negligence in a Buffalo Car Accident Claim","name":"Understanding the Impact of Negligence in a Buffalo Car Accident Claim","description":"Some reckless driver has crashed into you at a Buffalo intersection. Surely, they must owe you compensation, you think \u2014 until they leap from their car and start accusing you of being the careless one. Does that driver have a...","datePublished":"2024-09-18","dateModified":"2025-10-07","author":{"@type":"Person","@id":"https:\/\/www.buffalolaw.com\/author\/dwolff\/#Person","name":"David Wolff","url":"https:\/\/www.buffalolaw.com\/author\/dwolff\/","identifier":27,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/64eb92ad9148da9738cdecc03e560b071b8f516c5c0cd624aa4a60024d6548ee?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/64eb92ad9148da9738cdecc03e560b071b8f516c5c0cd624aa4a60024d6548ee?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Cantor, Wolff, Nicastro & Hall LLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2020\/11\/logo.png","url":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2020\/11\/logo.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2024\/08\/Buffalo-car-accident-lawyer.jpg","url":"https:\/\/www.buffalolaw.com\/wp-content\/uploads\/2024\/08\/Buffalo-car-accident-lawyer.jpg","height":628,"width":1200},"url":"https:\/\/www.buffalolaw.com\/understanding-the-impact-of-negligence-in-a-buffalo-car-accident-claim\/","about":["Car Accident"],"wordCount":605,"articleBody":"Some reckless driver has crashed into you at a Buffalo intersection. Surely, they must owe you compensation, you think \u2014 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:SpeedingDriving recklessly or aggressivelyIntoxicated drivingDistracted drivingYour level of negligence affects your ability to recover damages. In some states, you\u2019re unable to collect compensation if you\u2019re more than 50% at fault. Others bar you from recovery if you\u2019re just 1% at fault.If you\u2019ve 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\u2019re 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\u2019t be able to recover your damages fully. The court will reduce your compensation by your amount of fault.For example, suppose you\u2019re 80% at fault, and your damages are $10,000. You could collect 20% of your damages, or $2,000.Proving NegligenceWhich driver acted negligently can easily turn into a \u201che said, she said\u201d blame game. Fortunately, the courts won\u2019t just take one driver\u2019s word over another. Lawyers must go through a rigorous process to successfully prove negligence. Here\u2019s 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\u2019s called breach of duty.Causation: Your attorney must establish that the accident was due to the driver\u2019s breach of duty and that it would not have happened if they hadn\u2019t 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 EvidenceProving negligence requires strong evidence. Some you can gather yourself, while you\u2019ll 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 RepresentationIs 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."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Understanding the Impact of Negligence in a Buffalo Car Accident Claim","item":"https:\/\/www.buffalolaw.com\/understanding-the-impact-of-negligence-in-a-buffalo-car-accident-claim\/#breadcrumbitem"}]}]