New York’s traffic laws are designed to minimize the risk of collisions by dictating when motorists must stop or yield to other drivers. Generally, if a driver traveling with the right of way is struck by another motorist, they will not be found at fault for the collision. There are exceptions to the general rule, though, as discussed in a recent ruling issued in a New York personal injury lawsuit. If you were hurt in a collision, you might be able to recover compensation, and you should speak to a Syracuse personal injury lawyer about your possible claims.
The Subject Accident
It is alleged that the plaintiff and the defendants were involved in a three-car collision. Specifically, the first defendant was operating a vehicle that collided with a car driven by the second defendant, which then crashed into a car driven by the plaintiff. The plaintiff, who suffered injuries in the accident, commenced a personal injury lawsuit against the defendants. After discovery ended, the defendants moved for summary judgment, arguing that they were not at fault for the accident. The court denied the motion, and the defendants appealed.
Fault for a Failure to Yield Accident
In a car crash case, a defendant moving for summary judgment has the burden of proving, prima facie, that they were not at fault for the subject collision. Accidents can have more than one proximate cause, and, generally, it is for the trier of fact to resolve the issue of proximate cause. Continue reading