Car Accidents

New York Court Discusses Fault in Cases Arising Out of Rear-End Collisions

Published on: June 21, 2021 | By Jeff DeFrancisco

In many cases arising out of car accidents, the defendant will argue that the plaintiff was at fault for the collision and, therefore, should not be awarded damages. While comparative negligence is a valid defense and can diminish or preclude a plaintiff’s recovery of compensation, mere allegations that a plaintiff’s carelessness causes a crash is insufficient to establish fault. This was shown in a recent New York opinion issued in a case arising out of a rear-end collision. If you were hurt in an automobile accident, it is wise to consult a Syracuse personal injury attorney to evaluate what claims you may be able to pursue.

Facts of the Case

It is alleged that the plaintiff’s car was struck in the rear by a vehicle operated by the defendant driver, who was working for the defendant company at the time of the crash. The plaintiff filed a lawsuit against the defendants, alleging their negligence caused her to suffer harm. In the defendants’ answer to the complaint, they asserted an affirmative defense of comparative negligence.

Reportedly, the plaintiff filed a motion asking for summary judgment on the issue of liability and for the dismissal of the comparative negligence defense. The court dismissed the motion as premature, and the plaintiff appealed. Continue Reading ›

New York Court Discusses Summary Judgment in Car Accident Cases

Published on: May 6, 2021 | By Jeff DeFrancisco

Car accidents are a common occurrence in Syracuse, and while they happen with regularity, that does not mean they are not preventable. Rather, most collisions are brought about by the careless driving of one or more people involved in the crash. While typically, issues of negligence must be decided by a jury, in cases in which liability is clear, plaintiffs may be granted judgment as a matter of law. In a recent opinion, a New York court discussed the standard for granting summary judgment in a car accident case in which it ultimately ruled in favor of the plaintiff. If you were injured in an accident, you should confer with a Syracuse car accident attorney regarding your potential claims.

The Subject Collision

It is reported that the plaintiff suffered substantial injuries in an accident that occurred when the car she was driving was struck by a car driven by the defendant. The crash happened at an intersection that was governed by a traffic light. The plaintiff proceeded through the intersection as the light was in her favor when she was hit by the defendant, who ran the red light. The plaintiff filed a lawsuit against the defendant, seeking compensation for her damages. After discovery closed, she moved for summary judgment, but the court denied her motion. She then appealed.

Proving Negligence as a Matter of Law in a Car Crash Case

On appeal, the court reversed the trial court ruling. The court explained that if a plaintiff in a case alleging negligence moves for summary judgment, he or she must then prove, prima facie, that the defendant violated a duty owed to the plaintiff and that the breach proximately caused the plaintiff to suffer injuries. Further, the court noted that a plaintiff does not have to demonstrate that he or she was not comparatively negligent in order for the court to grant summary judgment. Continue Reading ›

$2.5 Million Dollar Judgment Affirmed on Appeal in Car Accident Case in Which New York Police Officer Was Seriously Injured

Published on: April 28, 2021 | By Jeff DeFrancisco

Usually, when someone is hurt at work, they are limited to the benefits available to them under the applicable workers’ compensation laws. Occasionally, however, the facts are such that a separate case, such as a Syracuse automobile accident lawsuit, might be possible, as well.

For example, if someone is hurt in a car accident while on the job, the injured individual might be able to seek compensation from a negligent motorist who caused the crash. It should be noted that the injured person might have to repay some of the money that he or she received in workers’ compensation benefits.

Facts of the Case

In a case appealed from the Supreme Court of Kings County, the plaintiff was a police officer who was involved in a traffic accident which he alleged was caused by the defendant motorist. At the time of the crash, the plaintiff was responding to another officer’s request for assistance in what the plaintiff believed was an emergency situation. The plaintiff’s lights, sirens, and rumbler were activated at the time of the collision, which occurred when the defendant failed to pull over as the plaintiff’s cruiser approached as required under the law and, instead, turned left and drove directly into the police vehicle.

Summary Judgment on Issue of Bus Driver’s Liability Was Erroneous, According to Reviewing New York Court

Published on: April 21, 2021 | By Jeff DeFrancisco

Syracuse car accident cases often come down to the question of which party (or, sometimes, which eyewitness) to believe. If one party says he was rear-ended while stopped at a traffic light and this testimony is unopposed, he or she may be granted partial summary judgment; in such a situation, a trial will only be necessary if the parties disagree on the issue of damages.

However, if the opposing party or another witness claims that the accident happened when one party abruptly darted in front of the other and stopped unnecessarily, the case will probably proceed toward a jury trial on the question of fault. After all, one of the main duties of a jury member is to resolve factual inconsistencies by deciding who to believe when the parties disagree about what happened.

Facts of the Case

In a case appealed from the Supreme Court of Bronx County, the plaintiff was a man who alleged that he was injured as a result of the negligence of the defendant bus driver. He also asserted a claim against the bus driver’s employer, most likely asserting a claim of vicarious liability (although the exact details of this portion of the case was not explained in the appeal). According to the plaintiff, the accident occurred when he was stopped at an intersection and rear-ended by the bus.

New York Appellate Tribunal Reviews Reasonableness of Jury’s Award for Pain and Suffering in Car Accident Case

Published on: March 28, 2021 | By Jeff DeFrancisco

In most Syracuse car accident cases that are not settled prior to trial, the amount of money damages to which an injured person is entitled is a matter to be determined by the jury. There are multiple factors to be considered in assessing the amount due, and the jury does have a fair amount of latitude in making its determination.

This is not to say, however, that the plaintiff’s fate in completely in the hands of the jury. There are certain checks on the system, including the possibility that the amount awarded by the jury may be set aside by an appellate court. When this happens, the reviewing court may issue what is called an “additur” or a “remittitur,” in which a more reasonable amount is suggested and, if the parties agree, the judgment is then modified to reflect the agreed upon amount.

If the opposing party does not agree to the suggested award, he or she has the option of appealing the matter further or having the matter returned to the trial court for a new trial.

Summary Judgment Denied by New York Court Following Accident Involving Disabled School Bus

Published on: March 15, 2021 | By Jeff DeFrancisco

A Syracuse school bus accident case begins with the question of whether the defendant owed a particular duty of care to the plaintiff. Sometimes, the duty in question was specific (like the duty to drive no faster than a certain speed in a school zone in which children are present), but sometimes it was more general (such as the duty to keep a proper lookout).

Once a duty has been established, the next question is whether that duty was breached. If it was, the third inquiry is whether the defendant’s breach of duty was the proximate cause of the plaintiff’s damages. Generally speaking, in order for a breach of duty to have been the proximate cause in a particular case, the harm must have been foreseeable (and not just a “fluke” or “freak accident.”)

If the first three elements can be proven by a preponderance of the evidence, the plaintiff must then prove his or her “damages.” The damages element speaks to the harm that befell the plaintiff as a proximate result of the defendant’s breach of duty and may include pain and suffering, medical expenses, lost wages, and the like.

New York Court Agrees That Plaintiff’s Car Wreck Case Failed to Meet Exception to No-Fault Statute

Published on: December 14, 2020 | By Jeff DeFrancisco

The state of New York is considered a “no-fault” state for insurance purposes. This means that, unless a driver or passenger who is hurt in a Syracuse car accident falls under a limited number of exceptions set forth under state law, he or she cannot recover money damages from the negligent driver who caused the crash.

However, it is important to note that “no-fault” does not completely foreclose the possibility of litigation following an accident. It simply means that the plaintiff must qualify under the relevant statutory framework in order to pursue a claim in court against the responsible driver.

As might be expected, disputes frequently arise regarding whether or not a given case should be litigated or should fall under “no-fault” rules. The trial court is typically called upon to make the initial determination on this issue, but the appeals court may eventually be asked to weigh in, as well.

New York Court Says Motorist Should Have Been Awarded Summary Judgment in Passenger’s Personal Injury Suit

Published on: November 6, 2020 | By Jeff DeFrancisco

A Syracuse car accident can happen in just a few seconds, changing the course of a crash victim’s life in ways from which he or she may never recover. Expensive medical treatment, time off from work, and travel costs back and forth to the doctor can be financially devastating.

It is important to know that, if you are hurt in a wreck that was not your fault, there is the possibility of filing suit against the responsible individual. Of course, the burden is on the plaintiff to prove his or her case by a preponderance of the evidence, and the defendant may be able to assert a defense to the claim.

Assuming that there are genuine issues of material fact presented by the parties, the issues will ultimately be decided by a jury or a judge as the finder of fact. At trial, a judgment will be rendered in favor of one party or the other; if the plaintiff prevails, the judge or jury will probably also award a certain dollar figure in money damages to the injured party.

New York Court Rejects Motorist’s Request for Summary Judgment Based on Emergency Doctrine in Car Crash Case

Published on: October 17, 2020 | By Jeff DeFrancisco

The basic question in a Syracuse care accident case is, did the defendant act reasonably under the circumstances? In deciding this issue, the trier of fact is usually given as much information as possible about the circumstances leading up to the collision.

If the defendant was confronted with some type of emergency – such as another car pulling out directly in front of him or her – this fact may be weighed, along with other pertinent information, in deciding whether the defendant was negligent. It is quite possible that a jury could find that, although an emergency did exist, the defendant’s reaction to the situation was not reasonable.

Facts of the Case

In a case arising in the Supreme Court for Monroe County and considered on appeal by the Supreme Court of the State of New York Appellate Division, Fourth Judicial Department, the plaintiff was a woman who was allegedly injured in a car accident. According to the plaintiff’s complaint, the defendant motorist was at fault in causing the accident. The defendant vehicle owner was also named as a party defendant in the lawsuit. The defendants filed a motion asking the trial court to dismiss the complaint against them on the grounds that the facts of the accident should result in the application of the “emergency doctrine,” thus excusing them for liability for the plaintiff’s alleged injuries.

Appellate Tribunal Says New York Trial Court Acted Appropriately in Entering Judgment on Defense Verdict in Car Accident Case

Published on: October 9, 2020 | By Jeff DeFrancisco

Filing a Syracuse car accident lawsuit is just one of many steps towards recovering fair compensation for medical costs, lost earnings, and other losses caused by a negligent driver. Because New York is a “no-fault” state, there are certain thresholds that must be met in order for the plaintiff to be able to assert his or her claim in a court of law.

The insurance companies who defend such cases try very hard to keep cases out of court, if at all possible. They have teams of professionals, including medical experts, who work together to minimize the amount of money that is ultimately paid to those who are hurt in automobile accidents.

If you have been involved in a car crash recently, you should talk to a lawyer who can represent your interests in the matter as soon as possible – preferably, before giving a statement to the other driver’s insurance company. Insurance adjusters are well-seasoned in the art of manipulating a would-be plaintiff’s statement, as well as in other tactics to keep the insurance company’s payout as small as possible.