Car accidents occur regularly in New York, and many people injured in collisions will seek compensation from the driver they deem responsible for the accident. It is not uncommon for a defendant in a car crash case to argue that the plaintiff actually caused the accident, and therefore, the plaintiff\u2019s claims should be denied. While comparative negligence is a valid defense, it is not grounds for dismissing a plaintiff\u2019s claims at the pleading stage, as explained in an opinion recently issued by a New York court in a car accident case. If you were injured by a negligent driver, it is smart to meet with a Syracuse car accident lawyer to discuss your potential claims.<\/p>\n
The Facts of the Case<\/strong><\/p>\n It is reported that the plaintiff was operating a motorbike when he was struck by a car driven by the defendant. The defendant driver was reportedly driving at an excessive speed in an attempt to complete her job duties for the day when she made a sudden left turn without using her signal, cutting off the plaintiff. The plaintiff suffered critical injuries in the collision and subsequently filed a lawsuit in federal court asserting negligence claims against the defendant driver and her employer.<\/p>\n Allegedly, the defendants filed a motion<\/a> for judgment on the pleadings asking the court to dismiss the plaintiff\u2019s claims, arguing in part that he was comparatively negligent and, therefore, could not recover compensation. The motion was referred to a magistrate judge, who recommended it be denied. The defendants filed objections to the recommendation. Continue Reading \u203a<\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Car accidents occur regularly in New York, and many people injured in collisions will seek compensation from the driver they deem responsible for the accident. It is not uncommon for a defendant in a car crash case to argue that the plaintiff actually caused the accident, and therefore, the plaintiff\u2019s claims should be denied. While […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"class_list":["post-3268","post","type-post","status-publish","format-standard","hentry","category-car-accidents"],"yoast_head":"\n