Articles Posted in Car Accidents

Rear-end collisions are among the most straightforward traffic cases in New York law, as it is often presumed that the rear driver is at fault. Nonetheless, such cases can still be complicated, as demonstrated in a recent New York opinion issued in a case involving a chain-reaction collision. If you were hurt in a multi-vehicle accident, you may be owed damages, and you should speak to a Syracuse car accident attorney as soon as possible.

History of the Case

It is reported that the plaintiff was involved in a chain-reaction collision during morning rush hour while driving in stop-and-go traffic on a wet and drizzly roadway. According to the plaintiff, her vehicle was fully stopped when it was struck from behind after the defendant, the rear-most driver in the chain, collided with a middle vehicle, which was then pushed into the plaintiff’s car. The plaintiff brought a personal injury lawsuit against the defendant, alleging that the defendant’s negligent operation of her vehicle caused the crash and her resulting injuries.

It is alleged that at trial, the plaintiff rested her case before the defendant had presented any evidence and then moved for a directed verdict on the issue of liability. The trial court denied the motion as premature. The jury ultimately ruled in favor of the defendant. The plaintiff then filed a post-trial motion under CPLR 4404 seeking judgment notwithstanding the verdict or, in the alternative, a new trial. The trial court denied the motion, and the plaintiff appealed. Continue Reading ›

In motor vehicle accident cases, establishing which driver had the right-of-way is often key to determining liability. Under New York law, a driver who proceeds through an intersection with a green light is generally entitled to assume that other motorists will obey traffic signals. A recent New York decision in which the court ruled in favor of a plaintiff who had the right-of-way and rejected the defendants’ attempt to assign partial fault to her illustrates how courts apply this principle to resolve questions of comparative negligence. If you or someone you love were injured in a car crash, you should speak with a skilled Syracuse personal injury attorney about your rights.

History of the Case

It is reported that the plaintiff driver and her husband brought a personal injury lawsuit against the defendants following a car accident in Brooklyn. The incident occurred in May 2021 when a vehicle operated by the defendant struck the plaintiff’s car as she traveled through an intersection. The plaintiffs claimed the defendant driver failed to yield and entered the intersection against a red light.

It is alleged that the plaintiff was proceeding lawfully through the intersection with a green traffic signal when the collision occurred. The plaintiffs sought damages for physical injuries and loss of consortium. In response, the defendants raised the affirmative defense of comparative negligence, arguing that the plaintiff driver bore some responsibility for the crash. Continue Reading ›

When serious car accidents occur on public roadways, injured parties often look to government entities for compensation, alleging failures in roadway maintenance or design. However, these cases frequently hinge on whether the state met its legal duty to maintain roads in a reasonably safe condition. A recent New York ruling addressed these issues in a personal injury lawsuit filed against the State of New York following a single-vehicle crash on a winding mountain road. If you sustained injuries due to unsafe road conditions, a Syracuse personal injury attorney can help you evaluate your legal options.

Background of the Case

It is reported that the claimant was driving on State Routes 44/55 in Ulster County in the early morning hours after visiting a scenic overlook. As the claimant descended the mountain, he allegedly failed to navigate a sharp hairpin turn, causing his vehicle to crash into a rock wall. The claimant sustained injuries and subsequently filed a lawsuit against the State of New York, asserting that the state negligently failed to maintain the roadway in a reasonably safe condition.

It is alleged that the claimant argued that the state failed to install sufficient safety measures, such as guiderails and chevron warning signs, at the location of the hairpin turn. The claimant also asserted that inadequate signage and roadway markings contributed to his inability to safely navigate the curve.

It is reported that following a nonjury trial, the Court of Claims found that the state had met its duty to reasonably maintain the roadway and was not liable for the claimant’s injuries. The claimant appealed the decision, challenging the court’s findings and asserting that the verdict was against the weight of the evidence. Continue Reading ›

Under New York law, drivers must maintain a safe following distance and drive at a reasonable speed to avoid accidents. A rear-end collision is often considered a clear-cut example of negligence on the part of the following driver. However, establishing liability in such cases still requires adequate evidence. A recent New York case involving a rear-end collision highlights the challenges plaintiffs may face in pursuing summary judgment when evidence is deemed insufficient. If you were injured in a rear-end collision, it is wise to contact a Syracuse personal injury attorney promptly to explore your options.

History of the Case

It is alleged that the plaintiff filed a lawsuit against the defendants, alleging that one of the defendants negligently struck her car from behind on October 21, 2022, while she was stopped for traffic at an intersection in Brooklyn, New York. The plaintiff claimed serious injuries as a result of the collision.

Reportedly, the plaintiff filed a motion for summary judgment on the issue of liability. She also sought to dismiss the defendants’ affirmative defense of comparative negligence. In support of her motion, the plaintiff submitted an affidavit and a certified police report. The affidavit stated that she was stopped for traffic when the defendants’ vehicle suddenly struck her car in the rear. The police report corroborated that the defendant driver’s vehicle rear-ended the plaintiff’s vehicle but did not provide additional details regarding the circumstances of the collision. Continue Reading ›

When car crashes occur, the parties involved will often dispute who is at fault. In cases involving rear-end collisions, though, there is a presumption that the second driver bears liability. Regardless, a driver who causes a rear-end accident may argue that the injured party was comparatively negligent, and as discussed in a recent New York ruling, they may be able to present evidence of such claims at trial. If you were hurt in a collision caused by a careless driver, you should consult a Syracuse personal injury lawyer as soon as possible to discuss what claims you may be able to pursue. 

Facts of the Case and Procedural Setting

It is alleged that in June 2014, the plaintiff’s vehicle was rear-ended by a tractor-trailer operated by the defendant driver and owned by the defendant trucking company. The plaintiff subsequently filed a lawsuit to recover damages for personal injuries allegedly sustained in the accident. In response, the defendants raised several defenses, including the claim of comparative negligence. The plaintiff then moved for summary judgment on the issue of liability and sought to dismiss the defendants’ affirmative defenses related to comparative negligence. The trial court denied the plaintiff’s motion, which prompted the plaintiff to appeal.

Comparative Negligence in Car Accident Cases

On appeal, the court reviewed whether the plaintiff was entitled to summary judgment on the issue of liability and whether the defendants’ affirmative defenses of comparative negligence should be dismissed. Continue Reading ›

Motor vehicle collisions are typically caused by the carelessness of one or more drivers. People involved in accidents are often reluctant to take responsibility, though, and the issue of fault will ultimately have to be presented to a jury. In some instances, though, liability is so clear that the court will decide in the plaintiff’s favor prior to trial. In a recent New York opinion, the court discussed the elements of common law negligence and ultimately affirmed judgment in favor of the plaintiff on the issue of liability. If you were injured in a motor vehicle crash, it is prudent to talk to a Syracuse personal injury lawyer about what evidence you must offer to demonstrate fault.

Factual and Procedural History

It is alleged that the plaintiff initiated a lawsuit against the defendant Chamber of Commerce, among others, seeking damages for personal injuries sustained when a runaway golf cart collided with her vendor tent at a carnival that the defendant organized. The accident happened when a carnival volunteer parked the golf cart but left it unattended with the key in the on position to help another vendor load supplies.

Reportedly, when the volunteers were in the process of loading, a tent fell onto the gas pedal of the golf cart, which caused it to accelerate into surrounding tents. Following discovery, the plaintiff moved for summary judgment on the issue of liability. In her motion, the plaintiff argued that the defendant’s failure to exercise due care when securing the golf cart proximately caused her injuries. The trial court granted the plaintiff’s motion regarding liability, and the defendant appealed. Continue Reading ›

While some car crashes are avoidable, the majority of car accidents are caused by careless driving. In rear-end collision cases, the rear driver is presumed to be negligent and must produce evidence sufficient to overcome the assumption. As such, it can be challenging for rear drivers hurt in such accidents to recover damages, as demonstrated in a recent New York ruling. If you were hurt in a car crash, it is smart to meet with a Syracuse personal injury lawyer to determine your rights.

Case History

It is alleged that in February 2017, at approximately 2:34 a.m., a vehicle driven by the decedent struck the rear of a tractor-trailer parked on the shoulder of a County highway. The tractor-trailer was owned and operated by the defendant. The collision resulted in the decedent’s death.

Reportedly, the plaintiff initiated an action seeking damages for personal injuries and wrongful death, alleging negligence against the defendant and the County defendants, including the police department and a police officer. The defendant and the County defendants moved separately for summary judgment to dismiss the complaint against them. The trial court granted these motions, and the plaintiff appealed the decision. Continue Reading ›

Car manufacturers are supposed to take measures to ensure that the vehicles they produce are safe for their intended use. All too frequently, however, latent design and manufacturing defects make products dangerous. In many instances, such defects lead to accidents that cause catastrophic injuries. In such cases, the manufacturer may be strictly liable for any damages caused, as demonstrated in a recent New York car crash case. If you were injured in a collision, it is prudent to speak to a Syracuse personal injury lawyer regarding what compensation you may be able to recover.

Facts of the Case

It is alleged that the plaintiff, acting both individually and as the executor of her late husband’s estate, filed a lawsuit against the defendant automobile manufacturer and the defendant car dealership, seeking compensation for injuries sustained by her husband when the airbag of his SUV unexpectedly deployed following a collision with a deer.

Reportedly, the plaintiff asserted breach of implied warranty, strict liability, and negligence claims against the defendants, alleging that the injuries were a result of the defendant’s defective design and manufacture of the vehicle. The defendants moved for summary judgment to dismiss the complaint, which the trial court granted. The plaintiff appealed the dismissal of the strict liability and negligence claims against the defendant automobile manufacturer. Continue Reading ›