Articles Posted in Car Accidents

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 ›

Motorists approaching intersections generally must check for oncoming traffic before proceeding. If an obstruction inhibits their vision, though, they may not be able to ensure that the way is clear. For example, if a property owner allows bushes or trees that grow adjacent to the intersection to become overgrown, they may hinder motorists’ views. Recently, a New York court addressed the issue of whether a homeowner can be liable for failing to maintain their vegetation if said vegetation allegedly causes a fatal car accident. If you lost a loved one in a car crash, it is smart to talk to a Syracuse personal injury attorney to determine what claims you may be able to pursue.

Facts of the Case

It is alleged that the plaintiff’s decedent sustained injuries in a collision between the vehicle he was driving and a vehicle owned by the defendant owner and driven by the defendant driver. The collision occurred at an intersection, where the plaintiff’s decedent encountered a stop sign while the defendant driver did not have a stop sign. The plaintiff’s decedent initiated a lawsuit to recover damages, naming the town where the accident occurred, the defendant driver and owner, and the owners of the property adjacent to the intersection as defendants.

Reportedly, the defendant property owners moved for summary judgment to dismiss the complaint, and the court granted their motion. The plaintiff plaintiff’s decedent appealed, and during the appeal, he passed away, resulting in the plaintiff taking over the case as the administrator of his estate. Continue Reading ›

According to the United States Department of Transportation, 1.6 million automotive accidents occur each year as a result of distracted drivers on their cell phones. All of these accidents resulted in approximately 500,000 injuries and 6,000 deaths. According to Verizon Wireless, those who read or compose text messages while driving are 23% more likely to be involved in a car accident than other drivers. The facts on the perils of texting and driving speak for themselves, but people continue to engage in this risky conduct despite the threat it can pose to not just you, but also other drivers. If you or a loved one has been harmed in an automobile accident caused by someone else’s negligence, you should contact an experienced Upstate New York car accident lawyer immediately. DeFrancisco & Falgiatano’s expert accident and injury attorneys may be able to assist you to obtain the conclusion you deserve.  We help clients throughout Upstate New York, with offices in multiple convenient locations. Our extensive experience in the personal injury field is reflected in the results we have achieved for our clients.

According to studies, around 660,000 drivers try to use their cell phones while driving every day. While this statistic includes texters, it also includes those who check their email, make, receive, or check phone calls, and use mobile apps. Texting and driving statistics are concerning, with some surveys indicating that the risks are even larger than drinking and driving. This activity is six times more likely to result in an accident than drunk driving.

Texting and driving is especially dangerous for juvenile drivers since it is combined with novice driving. When texting and driving, teen drivers are four times more likely than adult drivers to be involved in major car accidents. Cell phones were used by approximately 21% of young drivers involved in fatal motor vehicle accidents. Despite the fact that the majority of teen drivers indicated they were aware of the dangers of texting and driving, 35% acknowledged doing so. Texting while driving impairs a person’s ability to drive safely. When a person responds to a text, he or she takes his or her eyes off the road for around five seconds. This distraction lasts long enough for the motorist to go the length of a football field if the individual is moving at 55 miles per hour. Texting while driving is the most dangerous type of distracted driving since it takes a person’s eyes off the road, distracts his or her mind, and takes his or her hands off the wheel.

People hurt in motor vehicle collisions will often endure significant emotional and physical pain and psychological trauma. As such, they will frequently pursue civil claims against the parties responsible for their harm in an effort to recoup compensation for their losses. Pursuant to New York law, however, a plaintiff in a car accident case can generally only recover compensation for their noneconomic harm if they can demonstrate they suffered a serious injury. Recently, a New York court examined the serious injury threshold in a matter in which it ultimately determined that the plaintiff set forth sufficient evidence to meet the threshold. If you were injured in a car accident, you might be able to recover compensation, and it is prudent to speak to a Syracuse personal injury attorney as soon as possible.

Facts of the Case

It is alleged that the plaintiff was riding as a passenger on a bus owned by the defendant company when it collided with a taxi operated by the defendant driver. The accident occurred after the defendant driver cut off the bus and then attempted to shift into another lane. The plaintiff suffered injuries to her right hand in the accident.

Reportedly, the plaintiff subsequently filed a lawsuit against the defendants, seeking compensation for her harm. The defendants moved to dismiss the plaintiff’s complaint on the grounds that she failed to meet New York’s serious injury threshold as required to recover damages. The trial court denied the motions, and the defendants appealed. Continue Reading ›

People involved in car crashes will often pursue claims from the parties they deem responsible for the collision. In order to recover damages, though, a plaintiff in a car accident case must not only demonstrate fault for the crash, but they must also show that the crash proximately caused them to suffer actual losses. If they cannot establish both liability and damages, they may be denied compensation, as demonstrated in a recent New York ruling issued in a car accident case. If you were injured in a collision, you should meet with a Syracuse personal injury attorney to discuss what evidence you must produce to obtain a favorable outcome.

The History of the Case

It is alleged that the plaintiff was driving a vehicle when he was struck from behind by a truck owned by the defendant postal service and operated by one of its drivers. The plaintiff subsequently commenced a personal injury lawsuit against the defendant, alleging that the accident caused him to suffer significant harm. The case proceeded to a bench trial, after which the judge issued a verdict in favor of the defendant on the grounds that the plaintiff failed to show that his injuries were caused by the accident. The plaintiff appealed.

Establishing Damages in a Car Accident case

On appeal, the court affirmed the trial court ruling. It explained that it reviews a district court’s ruling that was the subject of an appeal for clear error and examines its legal conclusions de novo. Pursuant to the clear error standard, there is a strong presumption that the trial court’s findings are fact and should be upheld, and the presumption will not be disturbed absent a firm and definite conviction that the court has made a mistake. Continue Reading ›

When multi-vehicle collisions occur, there is often more than one party at fault. As such, people injured in such accidents will often name multiple parties as defendants. Simply because one defendant bears a portion of responsibility for a car crash does not mean that the other defendants cannot be deemed liable as well, as noted in an opinion recently issued by a New York court in a car accident case. If you sustained injuries in a crash involving several vehicles, it is wise to confer with a Syracuse personal injury lawyer regarding your rights.

Facts and Procedure

It is reported that the plaintiff was driving on a New York parkway when she was involved in an accident with two other vehicles. She suffered injuries in the crash and subsequently filed a personal injury lawsuit against the drivers of the other cars. One of the defendants moved for summary judgment, asking the court to dismiss the claims against her. The court granted her motion, and the plaintiff appealed.

Proximate Cause in Car Accident Cases

On appeal, the court reversed the trial court ruling. The court explained that a defendant seeking summary judgment on a negligence claim arising out of a car crash bears the burden of proving, prima facie, that they were not at fault for the accident occurring. Continue Reading ›

The force created by collisions frequently causes fractures, contusions, strains, and other bodily harm. People that suffer injuries in car accidents have the right to pursue damages from the individuals that caused the accident, but pursuant to New York law, they must meet a certain injury threshold to recover damages. If they fail to meet the threshold, their claims will most likely be dismissed, as demonstrated in a recent opinion issued in a New York car accident case. If you were injured in a car accident, you should talk to a Syracuse personal injury lawyer to assess your possible claims.

The Factual History of the Case

It is alleged that the plaintiff was driving on a bridge in New York when he was struck by a vehicle driven by the defendant. The airbags did not deploy in either car, and the windows did not shatter. The plaintiff did not call an ambulance but drove his vehicle to a local police station. The plaintiff subsequently filed a personal injury lawsuit against the defendant, alleging he suffered harm in the collision, which he claimed was caused by the defendant’s negligence. Following discovery, the defendant moved for summary judgment, arguing that the plaintiff failed to meet the serious injury threshold as required to recover damages under New York law.

New York’s Serious Injury Threshold

In an effort to cut down on frivolous claims, the New York legislature passed laws limiting recovery for non-economic harm suffered in car accidents arising out of the negligent operation of vehicles to those cases in which the plaintiff sustained a serious injury. Continue Reading ›

Car accidents frequently happen in New York and, in most instances, are brought about by negligent driving. People injured in such crashes, therefore, will frequently pursue claims against the parties responsible for the collision. Defendants in car accident cases will rarely admit fault and may attempt to garner judgment in their favor prior to trial. As shown in a recent New York ruling, though, if there is any dispute regarding the cause of the accident, the court will not dismiss a plaintiff’s claims.  If you were harmed in an auto accident, it is wise to meet with a Syracuse personal injury lawyer to determine what damages you may be able to recover.

The History of the Case

It is alleged that the plaintiff suffered injuries in a collision that occurred on a New York expressway. The accident occurred when the defendant moved into the plaintiff’s lane of travel, colliding with the plaintiff. The plaintiff instituted a personal injury lawsuit against the defendant, alleging that the defendant’s negligence caused the accident and his subsequent injuries. After discovery, the defendant moved to dismiss the plaintiff’s claims via summary judgment. The trial court granted the motion, and the plaintiff appealed.

Evidence of Proximate Cause in Car Accident Cases

On appeal, the court reversed the trial court ruling. The court explained that a driver moving for summary judgment on a negligence claim arising out of a car accident has the burden of showing, prima facie, that they did not cause the collision. Continue Reading ›

Distracted driving is one of the leading causes of car accidents, and cell phones are one of the main causes of distractions. Merely because a person involved in an accident had a cell phone at the time of the crash, however, does not mean that they negligently caused the collision. Instead, a person seeking cell phone records via discovery in a car accident case must establish that the information they seek is relevant to their claims or defenses, as discussed by a New York court in a ruling recently issued in a car accident case. If you were injured in a collision, you should speak to a Syracuse personal injury lawyer about your potential claims.

History of the Case

It is alleged that the plaintiff’s son was injured when the car he was driving collided with a bus operated by the defendant driver and owned by the defendant school district. Tragically, the plaintiff’s son was left in a vegetative due to the injuries he sustained in the accident. The plaintiff filed a personal injury lawsuit against the defendants, arguing they were liable for the accident and her son’s ultimate harm.

Reportedly, during discovery, the defendants moved for the production of the son’s cell phone records and information from his phone to discern whether he was using his phone at or before the time of the collision. The court granted the motion to the extent that it sought the son’s cell phone records but denied it to the extent it sought the son’s phone. The defendant appealed. Continue Reading ›