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Articles Posted in Car Accident

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Although the majority of car accidents are caused by careless driving, people who negligently cause collisions rarely admit liability. Instead, in most instances, they will argue that there are factual disputes that must be resolved by a jury. In some cases, though, the evidence will be so compelling that the courts will deem a defendant liable as a matter of law, as demonstrated in a recent opinion issued in a New York case arising out of a rear-end collision. If you were hurt in a car crash, you have the right to seek compensation, and it is wise to talk to a Syracuse personal injury attorney as soon as possible.

Factual and Procedural History of the Case

It is reported that the plaintiff husband was driving a vehicle in which the plaintiff wife was riding as a passenger when they were struck from behind by a car driven by the defendant. The plaintiffs subsequently filed a personal injury lawsuit in which they asserted negligence claims against the defendant.

Allegedly, the defendant filed an answer in which he set forth the affirmative defense of comparative negligence. The plaintiffs then moved for dismissal of the affirmative defense and summary judgment in their favor on the issue of liability. The trial court denied their motion, and they appealed. Continue reading

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All New York motorists have an obligation to abide by vehicle and traffic laws. Among other things, this includes the duty to yield to other motorists who have the right of way. If a driver fails to abide by a traffic law and subsequently causes a collision, they may be deemed negligent as a matter of law, as shown in a recent opinion issued in a New York car accident case. If you were hurt in a collision, it is wise to talk to a Syracuse personal injury lawyer about your possible causes of action.

Facts of the Case

It is alleged that the plaintiff was driving his motorcycle on a New York road when he approached an intersection. He observed that the traffic light he was approaching was green, and he did not see any cars in front of him. After he entered the intersection, he noticed the defendant driver begin to make a left-hand turn in front of him. Due to the abruptness of the turn, he did not have time to stop or divert his motorcycle to avoid colliding with the defendant.

Reportedly, the plaintiff filed a personal injury lawsuit against the defendant, seeking compensation for the injuries he sustained in the accident. Before depositions were taken or discovery was complete, the plaintiff filed a motion for summary judgment asking the court to rule in his favor on the issue of liability and seeking a dismissal of the defendant’s affirmative defense of comparative negligence. In support of his motion, he provided the police accident report and his affidavit. The trial court denied his motion, and he appealed. Continue reading

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Car accidents occur regularly in Syracuse, and they are typically brought about by negligent driving. Fortunately, people hurt in collisions can recover compensation via personal injury cases if they establish liability. In most cases, the issue of liability must be decided by a jury. In some instances, though, a court will find the evidence of the defendant’s fault to be so compelling that it will issue a judgment in favor of the plaintiff as a matter of law. Recently, in an opinion issued in a New York car accident case, a court discussed what a plaintiff must prove to obtain summary judgment in their favor. If you were injured in a car crash caused by a reckless driver, you might be owed damages, and you should meet with a Syracuse personal injury lawyer about your potential claims.

History of the Case

It is alleged that the plaintiff was stopped at a red light in his car when he was struck from behind by a bus operated by the defendant driver and owned by the defendant transit authority. The plaintiff suffered bodily harm and property damage in the collision and subsequently filed a personal injury lawsuit asserting negligence claims against the defendants. Following the completion of discovery, the plaintiff moved for summary judgment. The court granted judgment in favor of the plaintiff, and the defendant appealed.

Obtaining Summary Judgment in a Car Accident Case

On appeal, the trial court ruling was upheld. The court explained that under New York law, a rear-end crash involving a stopped establishes a prima facie case of negligence on the part of the second driver. As such, the second driver must rebut the inference of negligence by offering a non-negligent explanation for the collision. Continue reading

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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

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