Payment can come from one or several insurance policies, but fault depends on the conduct that caused the crash. For an injured person, the first challenge is identifying the conduct that produced the harm. Andrews, Bernstein & Maranto, PLLC investigates that question for clients in Buffalo, Western New York, and nearby areas. A direct animal strike and a human-caused secondary collision are different insurance events. Liability coverage may apply to another driver’s negligence, no-fault can address qualifying injury expenses, and collision or other first-party coverage may govern vehicle damage.
Picture a hypothetical event in which one driver stops for a deer and is rear-ended, or a motorist swerves across the center line and strikes an oncoming vehicle. A claim should trace the sequence with records and physical proof before assigning legal fault. The setting may explain the risk, but it does not decide the case alone.
A Deer Is Not a Legally Responsible Party
Potential responsibility should be mapped before anyone assumes that the most visible person is the only defendant. In wooded routes in Erie and Niagara Counties where dusk, dawn, and seasonal animal movement can produce sudden roadway hazards, ownership and control can be divided among several people or businesses.
No civil claim can be made against the deer. Liability focuses on people or businesses whose conduct contributed to the impact or a secondary crash.
A following driver may be responsible for leaving too little space or failing to react to traffic slowing ahead.
A driver who swerves may or may not be negligent. Speed, visibility, available escape paths, and the time available to react shape the sudden-emergency analysis.
A vehicle owner, repair shop, or parts manufacturer may be relevant when lights, brakes, tires, steering, or crash-avoidance systems failed.
A lawyer can compare contracts, insurance policies, ownership records, job duties, and witness accounts. That work helps identify who owed a duty, who controlled the risk, and which coverage may answer for a proven loss.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
When Another Driver May Cause the More Serious Crash
New York no-fault insurance is separate from fault. The state Department of Financial Services explains that basic no-fault coverage generally pays qualifying medical expenses, lost earnings, and certain necessary expenses without deciding who caused the crash. Written notice is generally due within 30 days, subject to a clear and reasonable justification for delay. A liability claim asks a different question: whose careless conduct caused the injury and other losses.
Pain and suffering in a covered motor-vehicle case usually requires a serious injury under Insurance Law Article 51. Current CPLR 1411 also contains a special rule for personal-injury actions subject to that article: a claimant whose culpable conduct is greater than the defendant’s, or greater than the combined conduct of the defendants, can be barred. The rule is new, and application can depend on the accident date and parties, so current legal review matters.
Legal rules must be applied to the proof in the individual case. This article provides general information and does not replace advice about a specific incident.
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How New York Treats a Sudden Roadway Emergency
Good evidence records both the hazard and the timeline. A close photograph may show the condition, while a wider image explains visibility, traffic flow, lighting, warnings, and available routes. Original digital files are better than screenshots because they retain time and device information.
Records can be overwritten or discarded under routine retention practices. A preservation request can identify video, electronic data, maintenance documents, contracts, and physical items before they disappear. Medical records should also connect the diagnosis and treatment to the date and mechanism of the incident.
- dash-camera recordings
- animal strike marks
- vehicle crush patterns
- headlight and tire condition
- roadside sight-distance photographs
- 911 call and witness timing
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The physical setting may include sudden deer entry, tailgating, overcorrection, poor headlights, worn tires, and multi-vehicle chain reactions. Each feature has to be connected to a duty and to the way the incident occurred. A condition that merely appears in a later photograph may not establish what existed at the critical time.
Common disputes include the first driver stopped too hard; the deer created an unavoidable emergency; a phantom vehicle caused the swerve; vehicle damage proves the first impact but not later fault.
Comparative fault requires evidence about what the injured person could reasonably see and do. A warning, an open condition, or an alternative route may matter, but those facts do not erase a defendant’s negligence automatically. Fault allocation depends on the rule governing the claim and the strength of the proof.
Evidence That Separates the First and Second Impacts
Your health comes first. Once immediate medical needs are addressed, practical steps can protect information that may otherwise be lost. Do not place yourself in danger to take a photograph or confront another person.
Give accurate facts in reports and medical histories. Avoid guessing about speed, timing, ownership, or the precise legal cause. A later investigation can answer those questions using records and qualified analysis.
- avoid approaching an injured animal
- call police and obtain medical care
- photograph each impact area
- identify secondary vehicles and witnesses
- report injury and physical damage under the correct coverages
Verdicts & Settlements
Questions an Investigation Should Answer
The investigation should test the event from more than one viewpoint. It should ask when the risk first appeared, who was present, what inspections or warnings occurred, and whether sudden deer entry was visible before the incident. It should also compare written policies with what people actually did.
A useful reconstruction does not begin with a preferred defendant. It begins with the scene, the sequence, and the records. In this topic, the key documents may explain why multi-vehicle chain reactions mattered, whether anyone had time to respond, and whether another cause better fits the physical evidence.
The same facts also help test causation. Investigators can compare witness timing, physical marks, photographs, and business records to decide whether tailgating contributed to the event or merely happened to be nearby. That distinction keeps the claim focused on provable conduct and losses.
No Fault and Property Damage Coverage
No-fault benefits and a bodily-injury claim serve different purposes. No-fault can pay qualifying economic losses without proving fault, while liability coverage may address losses caused by another party. Property damage, collision, commercial, rideshare, and excess policies can add separate layers.
Many negligence lawsuits are subject to the three-year period in CPLR 214, but that statement has exceptions. A claim against a municipality or public authority may require a notice of claim, commonly within 90 days under General Municipal Law Section 50-e. Wrongful death, claims involving minors, and specialized defendants require separate review.
Prompt investigation remains valuable even when a court deadline appears distant. Weather changes, video is overwritten, vehicles are repaired, seasonal sets are dismantled, and witnesses become harder to locate.
Ask a Buffalo Car Accident Lawyer to Trace the Collision Sequence
A lawyer can review how the incident happened, identify possible responsible parties, locate available insurance, preserve relevant evidence, assess the injuries, and determine which deadlines apply. The firm’s related resources on car accidents and its auto guide resource can help you prepare for that discussion.
Andrews, Bernstein & Maranto, PLLC offers free consultations from its Buffalo office at 420 Franklin St., Buffalo, NY 14202. If you were injured in Buffalo, Western New York, or a nearby area, you can request a case review without a promise or pressure about the result.
