Articles Posted in Car Accidents

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 ›

The majority of car accidents are borne out of negligence. While typically, the negligence is in the form of careless driving, in some instances, it is the negligent design and maintenance of roads that lead to collisions. In such cases, the town may be responsible for any losses caused by the crash, but proving liability can be challenging, as demonstrated by a recent New York ruling. If you were hurt in a car crash caused by inadequate road maintenance, it is smart to confer with a Syracuse personal injury lawyer to assess your possible claims.

History of the Case

It is reported that the plaintiff was involved in a single-vehicle accident on a street in the defendant town between 4:00 a.m. and 5:00 a.m. on a day in September 2006. The accident occurred after the plaintiff failed to negotiate a curve, which was preceded by a curve warning and a reduced speed limit sign. The plaintiff alleged that the defendant town negligently maintained the roadway and installed adequate traffic control devices.

Allegedly, though, there were no known witnesses to the accident, and the plaintiff could not recall the events leading to the crash. The plaintiff initiated an action against the defendant town, among others. The defendant town moved for summary judgment, seeking dismissal of the complaint against it. The trial court denied the defendant town’s motion, prompting the defendant town to appeal. Continue Reading ›

Careless driving not only causes collisions between vehicles but can cause crashes involving pedestrians as well. The injuries brought about by a car hitting a person can be significant, especially if the person is a minor. It follows, then, that as demonstrated in a recent New York ruling in which the court evaluated a jury’s verdict, the damages awarded in cases arising out of such crashes can be substantial. If you or your child were hurt in a car crash, you should speak to a Syracuse personal injury lawyer about your rights.

Background of the Case

It is alleged that when the minor plaintiff was crossing a crosswalk, she was struck by a truck owned by the defendant bakery and driven by the defendant’s employee. The minor plaintiff’s mother filed a lawsuit on behalf of the minor plaintiff and herself, alleging injuries stemming from the incident. Following a jury trial, both the minor plaintiff and the defendant’s employee were deemed negligent, but the minor plaintiff’s negligence was not considered a substantial factor in bringing about the collision.

It is reported that the evidence presented at trial highlighted the minor plaintiff’s severe injuries, including skull fractures and brain bleeding. Expert testimonies diverged on the minor plaintiff’s diagnosis, however, with one recommending surgery for facial asymmetry arguing such surgery was not necessary. The jury awarded the minor plaintiff $280,000 for past pain and suffering, $2,000,000 for future pain and suffering, and $200,250 for future medical costs. The defendants then moved to set aside the verdict, arguing it was excessive. Continue Reading ›

In many rear-end collisions, the second driver is at fault. In some instances, though, the first driver’s actions contribute to the crash as well. As demonstrated in a recent New York case, in such instances, the first driver bears the burden of proving they should not be deemed liable, and if they cannot, the claims against them will proceed to trial. If you suffered injuries in a collision,  it is in your best interest to talk to a Syracuse personal injury attorney concerning what compensation you may be able to recover.

Factual and Procedural Setting

It is alleged that the plaintiff was a passenger in a vehicle driven by the defendant driver, when the defendant driver’s vehicle was struck in the year by a taxi driven by the defendant taxi operator and owned by the defendant taxi company. The plaintiff sustained injuries in the crash; as such, he filed a lawsuit against the defendants, seeking damages for his personal injuries. The defendant driver moved for summary judgment to dismiss the complaint and all cross-claims against him, arguing that he was not at fault for the accident. The trial court granted the defendant driver’s motion, dismissing the plaintiff’s complaint. The plaintiff appealed.

Liability for Rear-End Collisions

The appellate court reviewed the case, emphasizing that a defendant moving for summary judgment in a negligence action must establish prima facie that they were not at fault in the accident. The defendant driver, in support of his motion, provided an affidavit stating that his vehicle had been stopped for approximately one minute due to traffic conditions when it was struck from the rear by the vehicle driven by the defendant taxi operator. The court noted that this evidence demonstrated prima facie that the defendant driver was not at fault. Continue Reading ›

The majority of car accidents occur due to careless driving. In many cases arising out of collisions, though, the parties dispute whose negligent operation of a vehicle actually caused the crash. In such instances, the courts typically will not order judgment as a matter of law in one party’s favor, as demonstrated in a recent New York case. If you were involved in a harmful collision, it is advisable to talk to a Syracuse personal injury attorney about what damages you may be owed.

Facts and Procedure of the Case

It is reported that the plaintiff was driving a sedan on an expressway when his vehicle was allegedly struck from behind by an 18-wheel tractor-trailer owned by the defendant owner and driven by the defendant driver. The plaintiff filed a lawsuit alleging the defendants negligently owned and operated the tractor-trailer. The defendants then removed the case to federal court based on diversity jurisdiction.

Allegedly, during discovery, the parties presented conflicting versions of events. Both parties provided diverging deposition testimonies, with the plaintiff asserting he was rear-ended and the defendant contending that the plaintiff side-swiped the truck while changing lanes. When discovery closed, the defendant moved for summary judgment. Continue Reading ›

In many collisions, the negligence of multiple drivers will combine to set off a chain of events that ultimately cause the crash. Simply because a car accident involves multiple drivers does not mean that they are all at fault, however, as discussed in a recent New York ruling. If you were injured in a car accident, you may be owed compensation, and it is smart to meet with a Syracuse personal injury attorney to determine what claims you may be able to pursue.

Facts and Procedural History

It is alleged that the plaintiff sitting in the front seat of a vehicle driven by the defendant driver one and owned by the defendant owner when it collided with another vehicle operated by the defendant driver two at the intersection of North Delaware Avenue and East Hoffman Avenue in Lindenhurst. The plaintiff commenced an action against the defendants to recover damages for personal injuries resulting from the collision. Defendant driver one and defendant owner moved for summary judgment. The trial court granted the motion, and the plaintiff appealed.

Establishing Liability in Car Accident Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that in New York, a violation of a traffic law constitutes negligence as a matter of law. This law mandates that a driver approaching a stop sign must stop and yield the right of way to any vehicle within or approaching the intersection. Continue Reading ›

Car accidents are unfortunately common in New York, and while some people involved in collisions walk away without harm, many suffer significant injuries. People hurt in car accidents can recover compensation, but only if they can demonstrate that another party proximately caused their harm. In a recent New York case in which the defendant argued the plaintiff was at fault for a car crash, the court discussed the concept of proximate harm and what evidence is needed to establish negligence. If you sustained damages in a collision, it is wise to meet with a Syracuse personal injury attorney to discuss your possible claims.

Factual Background of the Case

It is alleged that the plaintiff initiated a lawsuit seeking compensation for personal injuries she sustained during a motor vehicle collision involving a car she was driving and a car owned and operated by the defendants. The defendants filed a motion for summary judgment to dismiss the plaintiff’s complaint, arguing that the accident resulted from the plaintiff’s attempt to change lanes when it was not safe to do so, and that her negligence was the only cause of the accident. The trial court denied the motion, and the defendants appealed.

Establishing Proximate Cause in New York Car Accident Cases

On appeal, the court affirmed the trial court ruling. The court considered the well-established legal principle that there could be more than one proximate cause of an accident but noted that the defendants bore the burden of establishing that they were not at fault in causing the accident or that another person’s negligence was the sole proximate cause of the accident, as they were the ones seeking summary judgment. Continue Reading ›

Collisions involving bicyclists often cause catastrophic harm. In many cases arising out of bike accidents, defendants will often try to avoid liability by assigning fault to the plaintiff. Unless the evidence clearly demonstrates that a defendant bears no fault, however, the court will not rule in their favor as a matter of law, as illustrated in a recent New York ruling. If you or a loved one were involved in a bicycle-car collision, it is advisable to meet with a Syracuse personal injury attorney to evaluate your potential claims.

Factual and Procedural Setting

It is reported that the plaintiff, a minor, was involved in a bicycle accident when he attempted to cross a street. The accident occurred when the defendant driver collided with the plaintiff while operating a vehicle that belonged to the defendant owner. The plaintiff filed a lawsuit against the defendants, asserting that their negligence caused the accident and his subsequent injuries. The defendants responded by moving for summary judgment, arguing that they were not at fault in the accident. The trial court denied the motion, and the defendants appealed.

Grounds for Summary Judgment in Car Accident Cases

On appeal,  the court reversed the trial court ruling. In doing so, it noted that a defendant seeking summary judgment in a negligence case must establish, prima facie, that they were not responsible for the accident. Moreover, the court emphasized that a driver with the right-of-way is entitled to assume that other drivers will adhere to traffic laws requiring them to yield. In cases where a driver with the right-of-way has only seconds to react to a vehicle that has failed to yield, they are not comparatively negligent for failing to avoid a collision. Continue Reading ›