The Legal Process After a Fatal Car Accident in Buffalo, NY

 

Losing a loved one in a fatal car accident is one of the hardest things a family can go through. The shock, sadness, and confusion can be overwhelming. In Buffalo, NY, there are steps the law requires after a fatal accident, and it helps to understand what happens next. Knowing what to expect can bring a small sense of clarity during such a painful time. While nothing can bring back the person lost, the law gives families ways to seek answers, justice, and support.

What Happens Right After the Crash

When someone dies in a car crash in Buffalo, the first thing that happens is usually an emergency response. Police, paramedics, and sometimes fire crews arrive at the scene. The police will look at the accident closely and try to figure out what happened. They take photos, speak with people who saw the crash, and write a report. This report is very important. It tells the story of the accident and can later be used in legal cases.

If the crash leads to a death, the Erie County Medical Examiner may be involved. They may do an autopsy to understand how the person died. At the same time, police will see if any laws were broken. If someone was driving while drunk, distracted, or breaking traffic laws, they might face criminal charges.

Understanding Criminal Charges and Investigations

The legal process can go in different directions depending on what the police find. If the crash was caused by something illegal, like drunk driving, the person at fault might be arrested. In New York, criminal charges for causing a death in a car crash can include things like vehicular manslaughter or criminally negligent homicide. These charges are handled by the local District Attorney's Office.

When charges are filed, the court system starts its own process. There will be hearings, investigations, and possibly a trial. The family of the person who died does not need to file anything for this part to happen. This is handled by the state. However, the family can attend court hearings and may be allowed to speak at sentencing if there is a conviction.

What is a Wrongful Death Claim

Separate from any criminal case, the family of the person who died can also start a civil case. This is called a wrongful death claim. It means asking the court to make the person or people responsible for the crash pay money for the harm they caused. This is not about sending someone to jail. It is about helping the family with medical bills, funeral costs, lost income, and pain and suffering.

Only certain people can file a wrongful death claim in New York. Usually, it is the closest family members like a spouse, children, or parents. A personal representative is named to handle the claim. That person works with a lawyer to gather proof and bring the case to court if needed.

Time Limits to File a Claim

One important thing to know is that there is a time limit to file a wrongful death claim in Buffalo. In New York, families have two years from the date of the person’s death to file the case. If the claim is not filed in time, the court may not let it go forward. It is best to begin the legal steps as soon as the family is ready, so important proof is not lost and deadlines are not missed.

How Fault is Proven in These Cases

To win a wrongful death case, the family needs to prove that someone else caused the crash because they were careless or broke the law. This is called proving fault. It might involve showing that the driver ran a red light, was speeding, or was distracted by a phone. Sometimes, more than one person may be at fault, such as other drivers or even a company that made a faulty car part.

Lawyers often work with crash investigators, doctors, and other professionals to put together a clear picture of what happened. They look at police reports, medical records, and any video or photos from the scene. The goal is to show how the person died and why someone else should be held responsible.

What Damages Can Be Recovered

When a wrongful death case is successful, the court may order the responsible person to pay money to the family. This money is called damages. It can help cover the cost of the funeral, medical treatment before death, and the loss of the person’s income. It may also include money for the loss of love, care, and support that the person gave to their family.

Sometimes, the pain and emotional suffering caused by the death can also be part of the damages. Every case is different, and the amount of money depends on many things, such as the age of the person who died and how much money they earned.

The Role of Insurance Companies

In many fatal car accidents, insurance companies become involved. The person who caused the crash usually has car insurance, and their policy may pay for the damages. But insurance companies often try to pay as little as possible. They may deny that their driver was at fault or argue about how much the family should get.

Because of this, it’s very important to have a lawyer who understands how to deal with insurance companies. A good lawyer can talk to the insurance company for the family and make sure their rights are protected. If a fair settlement is not offered, the lawyer can take the case to court.

When a Commercial Vehicle is Involved

If a fatal car crash in Buffalo involves a truck, delivery van, or another commercial vehicle, the case can be more complex. The company that owns the vehicle may be responsible too. For example, if a truck driver fell asleep at the wheel because the company made them work too many hours, the company might be at fault. In those cases, lawyers look into driving logs, safety records, and the history of the company to find out if there were violations.

What the Family Should Do Next

After a fatal car crash, families are often unsure what to do next. Their first step should be to take care of themselves and each other. Grieving is a long and hard journey. When they are ready, it helps to speak with a lawyer who understands wrongful death law in New York.

The lawyer can help the family request the police report, collect medical records, and begin a wrongful death claim. There is no need to talk to the other driver's insurance company alone. The lawyer handles all that. They can also keep the family updated on any criminal case and explain what to expect along the way.

How Courts Handle These Cases in Buffalo

Buffalo courts handle many kinds of cases, including wrongful death. If the claim cannot be settled with the insurance company, the case may go to trial. This means both sides tell their story in court, and a judge or jury decides what should happen. Trials can take time and be stressful, but sometimes they are needed to get justice.

In some cases, the person or company responsible may offer to settle before the trial begins. A settlement means they agree to pay a certain amount of money, and the case does not go to court. The family can then decide if the offer is fair or if they want to keep fighting. A good lawyer can help make that decision easier.

How to Find Help and What to Expect

No one ever plans for something like this to happen. A fatal crash turns lives upside down, and the path forward can feel unclear. But families in Buffalo do not have to go through it alone. Legal help can bring some peace of mind. It can help them make sense of what happened, hold the right people responsible, and begin to rebuild.

If your family is facing this painful situation, the team at Friedman & Ranzenhofer, PC is here to help. With years of experience helping families in Buffalo, we understand what you’re going through and know the steps to take. Call us today to talk about your case. There is no cost to speak with us, and we will guide you every step of the way.