Articles Posted in Car Accidents

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 ›

Defendants in car accident lawsuits are typically reluctant to admit liability, even if it seems clear that their behavior caused the collision that formed the basis of the plaintiff’s claims. Additionally, in many cases, the defendant will not only deny fault but will argue that the plaintiff caused the accident. In such instances, the issue of liability will usually need to be determined by the jury, as discussed in a recent ruling issued by a New York court in a case arising out of a collision. If you sustained harm in a car crash, you might be owed damages, and it is in your best interest to meet with a Syracuse personal injury lawyer to assess your options.

History of the Case

It is alleged that the plaintiff and defendant were involved in a collision. While it is undisputed that the defendant’s vehicle struck the plaintiff’s vehicle from behind, the precise manner in which the accident occurred was disputed. Regardless, the plaintiff sustained injuries in the crash and subsequently filed a personal injury lawsuit against the defendant. Following discovery, the plaintiff moved for summary judgment in his favor on the issue of liability. The trial court granted the motion, and the defendant appealed.

Comparative Fault in New York Car Crash Lawsuits

The court reversed the trial court ruling on appeal. The court explained that a plaintiff moving for summary judgment on the issue of liability in a negligence action must show, prima facie, that the defendant breached a duty they owed to the plaintiff and the breach proximately caused the plaintiff’s injuries. Continue Reading ›

It is not uncommon for driving to be part of a person’s job description. People operating vehicles for their employers must abide by the same rules as all other motorists, which, among other things, means they must drive in a safe manner. If they drive recklessly and cause a collision while on the job, both they and their employers may be held accountable. Recently, in an opinion issued in a New York car accident case, a court discussed when an employer could be held liable on a theory of respondeat superior following a collision involving their employee. If you were involved in a crash, it is important to talk to a Syracuse personal injury attorney regarding what you must prove to recover damages.

The Facts of the Case

It is alleged that the plaintiff suffered critical injuries after he was struck by a van operated by a driver on behalf of the defendant company. The plaintiff then filed a personal injury lawsuit seeking damages from the defendant. As to the defendant company, he alleged that they were liable under the theory of respondeat superior and for negligently hiring, training, and supervising the defendant driver.

Reportedly, the defendant filed a motion to dismiss, and the plaintiff filed a motion to join the defendant driver and remand the case to state court. The court denied the plaintiff’s motion and indicated it would grant the defendant’s motion unless the plaintiff filed an amended complaint addressing noted deficiencies. Continue Reading ›

While negligent driving is the root cause of most car accidents, more than one driver may be held accountable. As such, a plaintiff seeking damages for the harm caused by a collision may name more than one person as a defendant. Additionally, as demonstrated in a recent New York case, a defendant can join other parties as defendants if they believe they contributed to the crash. If you were hurt in a collision, you might be able to recover damages from multiple sources, and you should consult a Syracuse personal injury attorney about your rights.

The Procedural and Factual Background

Allegedly, the plaintiff and three other drivers were involved in a collision. The facts of the accident are convoluted; in any event, the first vehicle, which was operated by the male defendant and owned by the defendant town, was traveling south on a highway behind the second car, which was owned by a female and driven by her husband. In front of that vehicle was the third vehicle, a truck owned by a delivery service and operated by one of its employees. The delivery vehicle pulled over, after which the second car struck it. The first vehicle then struck the second before veering into traffic and striking the plaintiff.

It is reported that the plaintiff filed a lawsuit against the defendants, after which the defendants joined the drivers and owners of the second and third vehicles as third-party defendants. The third-party defendants filed motions for summary judgment, which the court granted, and the defendants appealed. Continue Reading ›

In New York car accident cases, a plaintiff must do more than just show that the defendant’s negligence caused the collision in order to recover damages. Specifically, they must also show that they suffered actual losses due to the collision. Generally, the issue of causation is within the purview of the jury, though. This was demonstrated recently in a New York opinion issued in a car accident case, in which the court reversed a trial court ruling dismissing the plaintiff’s claims. If you were hurt in a collision, it is important to understand what evidence you must produce to recover compensation, and you should contact a Syracuse car accident attorney to discuss your potential claims.

The Facts of the Case

It is alleged that the defendant struck the plaintiff’s car from behind. The plaintiff filed a lawsuit against the defendant, setting forth a negligence claim. After the completion of discovery, the defendant moved for summary judgment on the grounds that the plaintiff failed to prove her alleged injuries were the result of the collision. The court agreed and granted the defendant’s motion. The plaintiff then appealed.

Establishing Damage and Causation in Car Accident Cases

On appeal, the court reversed the trial court ruling. In doing so, it explained the issue of causation is typically one that should be resolved by the fact-finder. Summary judgment may be appropriate, however, even if there is objective medical proof of serious harm, if there are additional factors that interrupt the chain of causation between the claimed injury and the accident. Such factors may include a gap in treatment, a preexisting condition, or an intervening medical issue. Continue Reading ›

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 be awarded compensation, however. Rather, a person injured in a car accident must demonstrate that another person is at fault to recover damages. Recently, a New York court issued a ruling in which it discussed the evidence needed to establish fault in car crash cases. If you were hurt in a collision caused by another motorist, you could be owed damages, and it is in your best interest to speak to a Syracuse personal injury attorney regarding your potential claims.

The Facts of the Case

It is alleged that in November 2016, the plaintiff was riding as a passenger in a vehicle driven by the first defendant when it was struck by a vehicle driven by the second defendant. The plaintiff sustained injuries in the crash and subsequently filed a personal injury lawsuit.

Reportedly, the first defendant moved for summary judgment, arguing that the plaintiff could not establish she was at fault for the accident and, therefore, the claims against her should be dismissed. While the plaintiff did not oppose the motion, the second defendant did; the court subsequently denied the motion, and the first defendant appealed. Continue Reading ›

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 issues of fact that must be resolved by a jury at trial, in some cases, they will find that no factual disputes exist and judgment should be granted in favor of one party as a matter of law. Recently, a New York court issued an opinion discussing judgment as a matter of law in car accident cases, ultimately determining that the trial court erred in granting judgment in favor of the plaintiff. If you were injured in a collision caused by another driver’s carelessness, you might be owed compensation, and you should meet with a Syracuse personal injury attorney as soon as possible.

The Subject Accident

It is alleged that the plaintiff was sitting in the driver’s seat of her car, which was parked on the street. She subsequently felt an impact, first on the left rear side and then by the driver’s side door of her vehicle. She then saw the decedent’s vehicle on the left side of her car. Immediately before the crash, the decedent was coming out of the driveway that was behind the plaintiff’s car.

It is reported that the force of the impact caused the plaintiff’s vehicle to move two feet forward and strike the car in front of it. The plaintiff suffered injuries in the accident and filed a negligence claim against the decedent. Following the decedent’s death, a representative of her estate was substituted as the defendant. The case proceeded to trial, and at the close of evidence on the matter of liability, the defendant moved for judgment in her favor as a matter of law. The trial court granted the motion, and the plaintiff appealed.   Continue Reading ›