Buffalo, New York: Canadian Car Hits Driver In NY

Jed Dietrich, Esq., Is a Recognized Super Lawyer Committed to Protecting the Rights of Car Accident Victims Across the Buffalo-Niagara Falls Region. If You or a Loved One Has Been Hurt in a Buffalo Car Crash That Was Not Your Fault, The Dietrich Law Firm P.C. Could Help You Explore Your Best Options for Effective Legal Relief.

Buffalo-Niagara Falls is one of the busiest border crossings in North America.

Every day, more than 100,000 people cross the Rainbow and Peace Bridges into the United States some on foot, but most by car, truck, or motorcycle. For travelers, the most frustrating part of the process is usually waiting. On busy days, it can take the better part of an hour to get through customs, sometimes even longer.

But sometimes trips do not go as planned. Most Canadian drivers make a good-faith effort to stay safe on American roads, but it only takes a momentary lapse in judgment for an accident to happen. On the highway or on busy Buffalo streets, it can take a fraction of a second for a small oversight to take a turn for the catastrophic.

After an accident, most New Yorkers know what to do: call the police, file an insurance claim, and if you have been seriously injured, call a personal injury lawyer. But this calculus can change the second you see Canadian plates on the other car. You should not have to pay for an accident that was not your fault, but how do you take meaningful action against somebody who lives in another country? Though it is true that state courts have no authority in Canada, a valid legal judgment in the United States can, under the right circumstances, be enforced on both sides of the border.

For more than 20 years, the Dietrich Law Firm P.C. has helped Buffalo families assert their rights to a fair recovery. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling, evidence-based case for compensation, and we have the results to prove it. Send us a message online or call Jed Dietrich, Esq., today at 716-839-3939 to speak to a cross-border car accident lawyer in Buffalo-Niagara Falls and schedule your 100% free, no-obligation consultation as soon as possible.

You should never have to pay the price for an accident that was not your fault, but taking legal action against somebody who lives in another country can add a layer of difficulty to an already-confusing process. However, while cross-border claims can be complex, they are not impossible to litigate. Your options for compensation could include:

New York is a no-fault state.

If you live in New York and own a valid no-fault policy, you are typically entitled to certain benefits even if you were found partly liable for the accident. Most policies pay for:

1. The cost of all reasonable and necessary medical care;
2. Reimbursement for lost income from work; and
3. Repayment of miscellaneous accident-related expenses, like the cost of parking at a hospital garage or taking a taxi to the doctor’s office.

No-fault benefits can help provide near-immediate financial relief, but they are not quite as generous as they may seem. In general, no-fault policies are controlled by state law, and state law restricts insurance companies’ overall liability. If you have sustained serious injuries that require long-term care, your no-fault policy can help, but it probably would not cover all your expenses, nor will it offer anything toward the non-economic component of your recovery.

Uninsured and underinsured motorist coverage can help cover the cost of accidents caused by somebody without a valid insurance policy. This is true even if the at-fault driver was a foreign citizen driving a personal vehicle or rental.

A personal injury lawsuit is a civil action filed against the person or party who caused your accident. If the crash occurred on American soil, then your options for recourse are largely dictated by state law. In New York, filing a personal injury claim usually means proving all of the following elements:

1. The at-fault driver owed you a duty of care;
2. The at-fault driver violated their duty by acting negligently;
3. The defendant’s negligence was the direct cause of your accident; and
4. The accident caused you to sustain a serious physical injury.

You can still sue even if the at-fault driver is from Canada, but this may mean having to take additional steps after negotiating a settlement or obtaining a court-ordered award.

In general, U.S. citizens who have secured a valid judgment have a right to request enforcement on both sides of the border. However, because Canada’s legal system is very different from that of the United States, accident victims must sometimes take additional steps to obtain relief. This most often happens when the foreign-citizen defendant is unable or unwilling to comply with the terms of an American court’s ruling.

Enforcing a judgment across the border can be challenging, but it is typically possible as long as you work within the confines of Canada’s unique legal system. This most often means:

1. Giving the defendant an opportunity to comply with their legal obligations;
2. Waiting to see whether the at-fault driver appeals the court’s decision; and
3. Preparing evidence to show that the case was properly tried in a court with jurisdiction over your accident and all involved parties.

Canada, much like the United States, is reluctant to enforce orders that conflict with its own laws and precedent. However, cross-border accident claims are not uncommon, and they often work both ways Canadians who are hurt by Americans can sue, too, and it is generally in the best interests of both countries to ensure that citizens cannot escape consequences by simply going back to their side of the border and refusing to return.

But make no mistake: this is not a simple process, and if you have a claim against a foreign citizen, it is almost always best to speak to a lawyer before settling on a particular course of action.

If you think you could have a claim, call Jed Dietrich, Esq., today at 716-839-3939 to speak to a cross-border car accident lawyer in Buffalo-Niagara Falls and schedule your 100% free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!