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Who Is At Fault In A Rear-End Accident?

/ Car Accident, Motor Vehicle Crashes /

BUFFALO, N.Y. – Rear-end collisions are the most common type of car accident, accounting for 29% of all motor vehicle accidents in the U.S. according to the National Highway Traffic Safety Administration (NHTSA). Our best car accident lawyers in Buffalo say they’re also among the most common collisions in New York City.

With bustling streets full of pedestrians and slowly-moving cars, a driver who loses focus for just one second can instigate a rear-end crash. Although the stakes are higher in a high-speed rear-end accident, the driver of the front vehicle can withstand significant losses at nearly any speed. It’s important to work with a rear-end accident lawyer in Buffalo to help you determine who was at fault for your accident so that you may receive the appropriate financial recovery.

Common Causes of Rear-end Accidents in Buffalo

Driver negligence is the top cause of rear-end collisions. Negligence can take several forms, including:

  • Following too closely
  • Distracted driving (texting, fumbling with the radio, talking on a hand-held phone)
  • Aggressive driving
  • Fatigued driving
  • Speeding
  • Driving under the influence

Although human error is behind most auto accidents, conditions outside of one’s control may also provoke rear-end collisions. Some examples may be:

Proving Negligence in a Rear-end Accident

The fact that a rear-end accident took place when a vehicle was stopped shows evidence of negligence that may be used against the rear driver. Under New York law, striking a stopped or parked vehicle establishes a prima facie case for the rear driver’s negligence and presumes no negligence occurred on the part of the front driver, freeing him from blame.

In a prima facie case, the immediate evidence is sufficient to prove a particular fact unless the defendant can rebut it. The defendant must provide an explanation for the crash which shows that he was not acting negligently when he struck the vehicle in front of him. The defendant must provide evidence to support his explanation.

An attorney can conduct a thorough investigation of your accident to show the court that the at-fault party drove negligently. Your attorney can file a Motion for Summary Judgment, which is a request for the court to rule that the other party has no case. A judge may determine that the offending party is 100% responsible for the damages. If so, you may recover additional funds outside of your own auto insurance policy.

Hiring a Competent Buffalo Car Accident Lawyer

When you work with a dedicated car accident lawyer in Buffalo, you work with someone who has made a career out of studying and applying all local and state traffic laws. When choosing a lawyer, make sure he or she thoroughly understands Buffalo, NY traffic laws and the Traffic Laws of the State of New York. Familiarity with traffic legislation in New York is imperative to ensure that you can obtain a full recovery.

At Cellino & Barnes, we have helped many clients recover much-needed compensation for rear-end accidents. We strive to gain what you are entitled to by law to help you cover the costs of:

  • Medical bills
  • Lost wages
  • Lost earning capacity
  • Emotional suffering

Other damages may also be possible. Call or contact our firm for a free personal injury consultation. We’ll put our best car accident lawyers in Buffalo on your case so you can rest assured that you’ll get fair compensation.

Cellino & Barnes (800) 888-8888

What To Do If You’re Hit By A Tractor Trailer

/ Motor Vehicle Crashes, Truck Accident, Uncategorized /

BUFFALO, N.Y. – Big truck accidents are on the rise. Since 2009, deadly truck crashes have increased nearly 30-percent, and thousands of innocent drivers and passengers are injured or killed by these large trucks each year.

No one ever wants to think about what to do if you’re hit by a tractor-trailer, but many heartbroken families have asked us this question after a loved one was hurt, often seriously, in a truck crash.

If you or a family member has been in an accident with an 18-wheeler, the New York truck accident lawyers at Cellino & Barnes recommend taking the following four actions:

What To Do If You’re Hit By A Tractor Trailer

  1. Get Medical Attention. In any type of crash, your health and well-being are paramount. If anyone else was injured, get them medical attention as soon as possible. Studies have found that immediate medical attention can save lives and reduce the long-term severity of an injury.
  2. Take Pictures & Find Witnesses. If you did not require medical attention, immediately start taking pictures and getting information from witnesses and other drivers/passengers involved in the wreck. If you’re physically unable to gather this information, call a family member or friend to do this for you. It will also be helpful to take photos of your original injuries.
  3. Gather Information. Aside from obtaining the other drivers’ insurance information and a police report from the responding law enforcement agency, there are several other questions you’ll want to be answered after a truck accident that could be useful later on:
    1. What company does the truck driver work for?
    2. What cargo was the truck carrying (if any)?
    3. Where was the truck going?
    4. How many hours has the truck driver been on the road today? How many total hours this week?
  4. Call A Truck Accident Attorney. Even before calling your insurance company, contact an experienced New York truck accident lawyer at Cellino & Barnes. The insurance companies may try to settle with you, even before a claim is filed – and it’s usually much less than what your claim will be worth. Our legal team is in your corner, and we’ll make sure you get the best result possible from an injury claim.

Insurance companies know that they can save money by offering you less compensation. They also know that when a victim is represented by an experienced truck accident lawyer, the value of the case goes up, 4x on average.

Getting into a truck accident is stressful enough – don’t let the insurance companies add to your stress. Call an experienced New York truck accident attorney at Cellino & Barnes, and let us fight the insurance company for you.

Cellino & Barnes (800) 888-8888


Toyota heading to trial 8 years after deadly crash

/ Motor Vehicle Crashes /

Toyota heading to trialOne of the largest recalls in history brought 9 million cars back to the dealership after reports of Toyota Camrys (and other vehicles) that would inexplicably accelerate.

In 2006, one Minnesota driver was sent to prison for his role in a deadly crash but he was later freed after reports and recalls surfaced about a ‘sticking gas pedal.’ The Associated Press reports that driver, Koua Fong Lee, and other survivors of that crash are now demanding justice from Toyota in court.

Lee spent nearly three years in prison when his 1996 Camry rear-ended another vehicle, killing three in St. Paul, Minn. Toyota later recalled several models in 2010 but did not include the 1996 Camry despite Lee’s similar claim of a sticking gas pedal.

Since the recalls, which included several makes and models between 2004 and 2010, Toyota agreed to pay the federal government a $1.2 billion settlement. The automaker also agreed to pay more than $1 billion to settle lawsuits by owners who said the vehicle value took a fall after the recalls.

Jury selection for Lee’s lawsuit began Wednesday. Opening statements are expected Thursday.

Client Thanks

I would like to thank your firm for representing our family on behalf of my late husband. This whole process was, at times, difficult for us and sometimes painful. But, we were always in good hands as Brian and Maria are two of the hardest working and sincerest people I have ever had the pleasure of meeting. They did a tremendous job.

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