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Articles Posted in Car Accidents

Syracuse car accident cases often come down to the question of which party (or, sometimes, which eyewitness) to believe. If one party says he was rear-ended while stopped at a traffic light and this testimony is unopposed, he or she may be granted partial summary judgment; in such a situation, a trial will only be necessary if the parties disagree on the issue of damages.

However, if the opposing party or another witness claims that the accident happened when one party abruptly darted in front of the other and stopped unnecessarily, the case will probably proceed toward a jury trial on the question of fault. After all, one of the main duties of a jury member is to resolve factual inconsistencies by deciding who to believe when the parties disagree about what happened.

Facts of the Case

In a case appealed from the Supreme Court of Bronx County, the plaintiff was a man who alleged that he was injured as a result of the negligence of the defendant bus driver. He also asserted a claim against the bus driver’s employer, most likely asserting a claim of vicarious liability (although the exact details of this portion of the case was not explained in the appeal). According to the plaintiff, the accident occurred when he was stopped at an intersection and rear-ended by the bus.

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In most Syracuse car accident cases that are not settled prior to trial, the amount of money damages to which an injured person is entitled is a matter to be determined by the jury. There are multiple factors to be considered in assessing the amount due, and the jury does have a fair amount of latitude in making its determination.

This is not to say, however, that the plaintiff’s fate in completely in the hands of the jury. There are certain checks on the system, including the possibility that the amount awarded by the jury may be set aside by an appellate court. When this happens, the reviewing court may issue what is called an “additur” or a “remittitur,” in which a more reasonable amount is suggested and, if the parties agree, the judgment is then modified to reflect the agreed upon amount.

If the opposing party does not agree to the suggested award, he or she has the option of appealing the matter further or having the matter returned to the trial court for a new trial.

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A Syracuse school bus accident case begins with the question of whether the defendant owed a particular duty of care to the plaintiff. Sometimes, the duty in question was specific (like the duty to drive no faster than a certain speed in a school zone in which children are present), but sometimes it was more general (such as the duty to keep a proper lookout).

Once a duty has been established, the next question is whether that duty was breached. If it was, the third inquiry is whether the defendant’s breach of duty was the proximate cause of the plaintiff’s damages. Generally speaking, in order for a breach of duty to have been the proximate cause in a particular case, the harm must have been foreseeable (and not just a “fluke” or “freak accident.”)

If the first three elements can be proven by a preponderance of the evidence, the plaintiff must then prove his or her “damages.” The damages element speaks to the harm that befell the plaintiff as a proximate result of the defendant’s breach of duty and may include pain and suffering, medical expenses, lost wages, and the like.

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The state of New York is considered a “no-fault” state for insurance purposes. This means that, unless a driver or passenger who is hurt in a Syracuse car accident falls under a limited number of exceptions set forth under state law, he or she cannot recover money damages from the negligent driver who caused the crash.

However, it is important to note that “no-fault” does not completely foreclose the possibility of litigation following an accident. It simply means that the plaintiff must qualify under the relevant statutory framework in order to pursue a claim in court against the responsible driver.

As might be expected, disputes frequently arise regarding whether or not a given case should be litigated or should fall under “no-fault” rules. The trial court is typically called upon to make the initial determination on this issue, but the appeals court may eventually be asked to weigh in, as well.

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A Syracuse car accident can happen in just a few seconds, changing the course of a crash victim’s life in ways from which he or she may never recover. Expensive medical treatment, time off from work, and travel costs back and forth to the doctor can be financially devastating.

It is important to know that, if you are hurt in a wreck that was not your fault, there is the possibility of filing suit against the responsible individual. Of course, the burden is on the plaintiff to prove his or her case by a preponderance of the evidence, and the defendant may be able to assert a defense to the claim.

Assuming that there are genuine issues of material fact presented by the parties, the issues will ultimately be decided by a jury or a judge as the finder of fact. At trial, a judgment will be rendered in favor of one party or the other; if the plaintiff prevails, the judge or jury will probably also award a certain dollar figure in money damages to the injured party.

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The basic question in a Syracuse care accident case is, did the defendant act reasonably under the circumstances? In deciding this issue, the trier of fact is usually given as much information as possible about the circumstances leading up to the collision.

If the defendant was confronted with some type of emergency – such as another car pulling out directly in front of him or her – this fact may be weighed, along with other pertinent information, in deciding whether the defendant was negligent. It is quite possible that a jury could find that, although an emergency did exist, the defendant’s reaction to the situation was not reasonable.

Facts of the Case

In a case arising in the Supreme Court for Monroe County and considered on appeal by the Supreme Court of the State of New York Appellate Division, Fourth Judicial Department, the plaintiff was a woman who was allegedly injured in a car accident. According to the plaintiff’s complaint, the defendant motorist was at fault in causing the accident. The defendant vehicle owner was also named as a party defendant in the lawsuit. The defendants filed a motion asking the trial court to dismiss the complaint against them on the grounds that the facts of the accident should result in the application of the “emergency doctrine,” thus excusing them for liability for the plaintiff’s alleged injuries.

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Filing a Syracuse car accident lawsuit is just one of many steps towards recovering fair compensation for medical costs, lost earnings, and other losses caused by a negligent driver. Because New York is a “no-fault” state, there are certain thresholds that must be met in order for the plaintiff to be able to assert his or her claim in a court of law.

The insurance companies who defend such cases try very hard to keep cases out of court, if at all possible. They have teams of professionals, including medical experts, who work together to minimize the amount of money that is ultimately paid to those who are hurt in automobile accidents.

If you have been involved in a car crash recently, you should talk to a lawyer who can represent your interests in the matter as soon as possible – preferably, before giving a statement to the other driver’s insurance company. Insurance adjusters are well-seasoned in the art of manipulating a would-be plaintiff’s statement, as well as in other tactics to keep the insurance company’s payout as small as possible.

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Timeliness is very important at every juncture of a car accident lawsuit. From the filing of the initial complaint, to responding to pre-trial motions, and on the appellate process, time is of the essence.

Those who fail to timely pursue their litigation against an allegedly negligent party will likely meet with a very harsh result. This can include total dismissal of what might otherwise have been a sound and potentially valuable cause of action.

Speaking with a Syracuse car accident attorney as soon as possible after a motor vehicle crash can go a long way towards ensuring that your case proceeds in a timely fashion. While exceptions are sometimes made for late filings, such is the exception – the very rare exception – rather than the rule.

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New York is considered a “no-fault” state for purposes of automobile accident litigation. However, that does not mean that there is no possibility of filing a Syracuse car accident lawsuit against a negligent driver in which an innocent motorist, passenger, or pedestrian suffers serious personal injuries or wrongful death.

There are several situations that take a vehicular accident outside of the limitations of no-fault. While each case must stand on its own facts, generally speaking the more serious the plaintiff’s injuries are and the more short or long-term disability the plaintiff has due to the crash, the more likely it is that he or she can get past the no-fault threshold and file a traditional negligence lawsuit against the responsible party.

In such situations, the plaintiff may seek payment for his or her medical expenses and lost wages, as well as compensation for pain and suffering and other damages. The injured party’s spouse may also be able to seek monetary damages for loss of consortium.

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Car accidents can happen in so many ways – head on collisions, T-bones, and rear-end wrecks, just to name a few. Some Syracuse car accidents result from “chain reaction” or “multi-vehicle” crashes in which not just one or two but potentially several vehicles are involved.

The challenge in any accident case is figuring out which party was at fault, or, if more than one individual, business, or governmental entity contributed to the cause of the crash, the relative fault between them. This can be an especially challenging task when there was not just one, but perhaps a series of accidents, all happening in rapid succession.

As much as one or more of the drivers involved in a multi-car crash might prefer not to be included as a defendant because he or she believes that most or all of the fault for the wreck should be assigned to others, sometimes it is necessary to include all parties involved in the accident, at least until the evidence has been fully developed. Then, if the case proceeds to trial, the jury can assign fault based on the testimony of the various parties, the physical evidence, the opinions of expert witnesses, and the like.

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