Car Accidents

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.

New York Court Upholds Dismissal of Car Accident Case on Summary Judgment Due to Plaintiff’s Untimely Opposition to Motion

Published on: September 23, 2020 | By Jeff DeFrancisco

Timeliness is very important at every juncture of a car accident lawsuit. From the filing of the initial complaint, to responding to pre-trial motions, and on the appellate process, time is of the essence.

Those who fail to timely pursue their litigation against an allegedly negligent party will likely meet with a very harsh result. This can include total dismissal of what might otherwise have been a sound and potentially valuable cause of action.

Speaking with a Syracuse car accident attorney as soon as possible after a motor vehicle crash can go a long way towards ensuring that your case proceeds in a timely fashion. While exceptions are sometimes made for late filings, such is the exception – the very rare exception – rather than the rule.

Court Grants Partial Summary Judgment in Case Seeking to Avoid Limitations of New York’s No-Fault Law After Car Accident

Published on: September 18, 2020 | By Jeff DeFrancisco

New York is considered a “no-fault” state for purposes of automobile accident litigation. However, that does not mean that there is no possibility of filing a Syracuse car accident lawsuit against a negligent driver in which an innocent motorist, passenger, or pedestrian suffers serious personal injuries or wrongful death.

There are several situations that take a vehicular accident outside of the limitations of no-fault. While each case must stand on its own facts, generally speaking the more serious the plaintiff’s injuries are and the more short or long-term disability the plaintiff has due to the crash, the more likely it is that he or she can get past the no-fault threshold and file a traditional negligence lawsuit against the responsible party.

In such situations, the plaintiff may seek payment for his or her medical expenses and lost wages, as well as compensation for pain and suffering and other damages. The injured party’s spouse may also be able to seek monetary damages for loss of consortium.

New York Court Agrees that Summary Judgment Was Not Warranted in Multi-Car Crash

Published on: August 22, 2020 | By Jeff DeFrancisco

Car accidents can happen in so many ways – head on collisions, T-bones, and rear-end wrecks, just to name a few. Some Syracuse car accidents result from “chain reaction” or “multi-vehicle” crashes in which not just one or two but potentially several vehicles are involved.

The challenge in any accident case is figuring out which party was at fault, or, if more than one individual, business, or governmental entity contributed to the cause of the crash, the relative fault between them. This can be an especially challenging task when there was not just one, but perhaps a series of accidents, all happening in rapid succession.

As much as one or more of the drivers involved in a multi-car crash might prefer not to be included as a defendant because he or she believes that most or all of the fault for the wreck should be assigned to others, sometimes it is necessary to include all parties involved in the accident, at least until the evidence has been fully developed. Then, if the case proceeds to trial, the jury can assign fault based on the testimony of the various parties, the physical evidence, the opinions of expert witnesses, and the like.

Appellate Tribunal Explores New York Law with Respect to Supplemental Uninsured/Underinsured Motorist (SUM) Insurance Coverage

Published on: August 9, 2020 | By Jeff DeFrancisco

In evaluating the potential value of a Syracuse car accident claim, there are several considerations. What were the nature and extent of the plaintiff’s physical injuries? How much were his or her medical expenses? What about lost wages or loss of future income due to permanent disability?

These factors help inform the value of the plaintiff’s claim. However, putting a reasonable dollar amount on a case does not necessarily mean that the plaintiff will receive a check for that amount, even if there is a jury verdict in favor of him or her.

Other factors, including the limits of the negligent driver’s liability insurance policy, are also important. What if the plaintiff’s case is worth more than the defendant’s liability limits? While there may sometimes be the possibility of collecting against the defendant’s personal assets or future income, the more realistic place to look for coverage for the difference is the plaintiff’s uninsured or underinsured motorist insurance coverage, assuming that such coverage exists.

New York Court Says Question of Fact Precluded Summary Judgment to Town in Motorcycle Accident Case

Published on: July 19, 2020 | By Jeff DeFrancisco

In addition to proving that the defendant owed the plaintiff a legal duty of some sort and that this duty was breached in some manner, the plaintiff in a Syracuse motorcycle accident case must also be able to prove that this breach of duty was the proximate cause of the accident for which he or she seeks to recover money damages. Without proof of the element of causation, the plaintiff’s case will fail.

It is not unusual for the defendant in such a case to attempt to get the case dismissed on the grounds that there are no material facts at issue and that, thus, a jury trial is unwarranted. In such a situation, the defendant is basically saying, “Even if everything the plaintiff says is true, I can’t be held liable as a matter of law.”

A fair number of negligence cases end with just such a motion, but the entry of summary judgment is not necessarily fatal to the plaintiff’s case. The appellate court is there to review the trial court’s decision – and to set an erroneous entry of summary judgment aside, if necessary.

New York Car Accident Involving Multiple Rear-End Collisions Should Not Have Been Resolved Via Summary Judgment

Published on: June 17, 2020 | By Jeff DeFrancisco

There seems to be a widely held belief that, in a rear-end collision, the driver in the second car is automatically at fault. While such a driver is usually held liable in such a situation, this is not necessarily the result in every case. It all comes down to the particular facts in the case at hand. For example, what if there was construction ahead and the first driver adhered to signage warning drivers to slow down, but the second driver did not?

What if a large animal (such a deer) ran into the path of the first vehicle, causing her to stop suddenly to avoid a dangerous crash? What if the second driver was on his or her phone and not paying attention? Sometimes such cases must be resolved by a jury, with each side making their respective arguments as to why the other was at fault.

Another potential scenario is that there wasn’t just one accident but several separate accidents that occurred in rapid succession. Who is to blame in those kinds of cases? Unfortunately, the answer is not always clear.

Summary Judgment to Pedestrian on Issue of Liability in Crosswalk Accident Case Affirmed by New York Appellate Tribunal

Published on: May 14, 2020 | By Jeff DeFrancisco

There are four steps to establishing liability in a Syracuse car accident case: duty, breach of duty, causation, and damages. Once each of these elements has been proven, the remaining issue is usually the amount of money damages necessary to compensate the plaintiff for his or her pain and suffering, lost wages, and medical expenses.

Sometimes, the trial court will rule, in advance of trial, that the plaintiff is entitled to a judgment as a matter of law as to liability because the defendant has not presented enough evidence for the case to go the jury on this issue. When this happens, a trial is only necessary if the parties cannot agree on a dollar figure on the damages issues. Of course, a defendant may resist a pre-trial ruling on liability, and he or she may even ask for appellate review if such a ruling is made.

Facts of the Case

In a recent pedestrian accident case arising in the Supreme Court of New York County, the plaintiff was a woman who claimed that the defendant motorist struck her while she was crossing an intersection. The plaintiff further averred that she was within the crosswalk at the time of the accident, that the traffic light was in her favor, that the defendant was making a left turn at the time of impact, and that she suffered numerous injuries due to his negligence. The plaintiff filed a motion for partial summary judgment, seeking judgment as a matter of law on the issue of liability. The defendant opposed the plaintiff’s motion, but the trial court rejected the defendant’s arguments and ruled in the plaintiff’s favor. The defendant appealed.

Summary Judgment Should Have Been Granted to Motorist in New York Rear-End Collision Accident Case

Published on: May 7, 2020 | By Jeff DeFrancisco

Although a Syracuse car accident can happen in many different ways, rear-end collisions, side-impact accidents, and head-on crashes are some of the most common scenarios for car wrecks nowadays. Driver distraction or inattention, speeding, and drunk or impaired driving are common causes of these types of car accidents. In motor vehicle accident cases, the burden of proof is on the plaintiff to prove that the accident proximately resulted from a breach of duty on the defendant’s part.

If the plaintiff cannot produce sufficient evidence to raise a question for the trier of fact on the question of negligence, his or her case is likely to be dismissed prior to trial. This is one of the many reasons why it is important to be represented by a qualified accident attorney in such cases.

Facts of the Case

In a recent case, the plaintiff was a woman who was riding in the car of the first defendant as they traveled along a busy highway. An SUV that had been traveling in the same vicinity as the first defendant allegedly “suddenly merged” and stopped in front of the first defendant’s vehicle. The first defendant was able to stop without rear-ending the SUV, but the second defendant, who was traveling behind the first defendant in traffic, was unable to stop and ran into the back of the first defendant’s vehicle. The plaintiff sued both the first defendant and the second defendant, seeking monetary compensation for injuries she allegedly sustained in the crash.

Negligent Entrustment Claim Should Have Survived Summary Judgment in Claim Brought by Family of New York Woman Killed in Scooter Accident

Published on: April 21, 2020 | By Jeff DeFrancisco

In a Syracuse motorcycle accident negligence lawsuit, the premise is simple: the defendant should be held legally liable to the person or family who was hurt by his, her, or its failure to act in a reasonably prudent manner. Four elements are required in order to prove negligence: duty, breach of duty, damages, and proximate cause.

In a car, truck , or motorcycle accident case, the defendant is usually averred to have breached a duty by failing to operate his or her vehicle as required by law. Speeding, distracted driving, and failure to yield are common examples of these types of claims. Sometimes, however, liability can arise in other situations.

Regardless of who is named as the defendant in a negligence lawsuit, the basic issue is, did the defendant conduct arise to a level that was unreasonable (or illegal) under the circumstances? If so, he or she can potentially be held liable for the damages incurred by the injured party or his or her family.