Most people will be involved in collisions at some point in their lives, and while some are fortunate to walk away unharmed, others sustain injuries that are not only painful but also costly to treat. Simply because a person suffers harm in an accident does not mean that they will…
Articles Posted in Car Accidents
New York Court Analyzes Judgment as a Matter of Law in Car Accident Cases
Car accidents are common throughout New York, and in many instances, they cause not only property damage but also significant injuries. Fortunately, parties harmed in collisions caused by reckless drivers can often recover damages in civil lawsuits. While in most car accident cases, the courts will find that there are…
New York Court Discusses Negligence in the Context of Car Accident Cases
Generally, car accidents are caused by reckless driving. Thus, a person injured in a car crash will typically seek compensation from the driver they deem responsible for the collision. Defendants rarely concede their liability, but unless they can establish a non-negligent reason for an accident, they may be deemed culpable.…
New York Court Discusses Proof a Causation in Car Accident Cases
Even seemingly minor rear-end collisions can cause significant injuries. Although the second driver in a rear-end crash is typically deemed responsible, the first driver must nonetheless prove fault and that the accident caused them to suffer harm in order to recover damages. It is not uncommon in lawsuits arising from…
New York Court Discusses Proximate Cause in Car Accident Cases
In most Syracuse personal injury cases, the plaintiff will allege that the defendant acted negligently. Merely proving negligence is not sufficient to demonstrate liability, though. Instead, a plaintiff must establish that the defendant’s negligence proximately caused their harm, and if they do not, their claims may fail. This was demonstrated…
New York Court Discusses Evidence Needed to Establish a Non-Negligent Reason for a Rear-End Collision
When rear-end collisions occur, it is presumed that the party that struck another motorist from behind is at fault. The second motorist can refute this presumption by producing evidence showing a non-negligent reason for the crash. If they cannot, however, judgment should be granted in favor of the plaintiff as…
Court Discusses the Serious Injury Threshold in New York Car Accident Cases
Pursuant to New York’s no-fault insurance law, people can only file civil claims for damages if they sustain serious injuries in a motor vehicle collision. As such, regardless of whether a party caused a car crash, they will not be deemed liable for damages unless the plaintiff can meet the…
New York Court Discusses Liability for Three-Car Collisions
When drivers do not leave adequate room between their vehicles and the cars in front of them, they run the risk of causing a rear-end collision. In some instances, rear-end collisions have chain effects, causing a multi-car pile-up. Typically, however, the driver of the middle vehicle in a three-car accident…
Court Discusses Establishing Fraud Under New York Law
Technological advances generally make cars increasingly safer and easier to drive. When such technology fails, though, it can have disastrous consequences. When a vehicle’s anti-collision technology does not operate as the manufacturer indicated it should, it may provide a basis to pursue claims against the manufacturer. While some claims may…
New York Court Explains Comparative Fault in Car Accident Cases
Typically, when a rear-end collision occurs, the second driver is deemed at fault. There are some exceptions, however, that would allow for the imposition of some degree of liability on the driver of the vehicle that was struck. One exception was recently discussed in an opinion issued by a New…