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