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,…
Articles Posted in Car Accidents
Summary Judgment Should Have Been Granted to Motorist in New York Rear-End Collision Accident Case
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…
Negligent Entrustment Claim Should Have Survived Summary Judgment in Claim Brought by Family of New York Woman Killed in Scooter Accident
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…
New York No-Fault Exceptions Partially Applied in Car Accident Involving Mother and Child
Under New York law, there are certain categories of injuries that can take a case outside the limitations of the “no fault” laws that would otherwise apply (and limit the injured person’s recovery substantially). Of course, as with everything else concerning Syracuse car accident cases, the insurance company that insured…
New York Appellate Court Finds that Summary Judgment Was Improper Due to Lack of Evidence that Motorcycle Operator Took Reasonable Measures to Avoid Crash with Dump Truck
After a Syracuse motor vehicle accident, the drivers, eyewitnesses, and first responders likely have their own opinions as to who caused the crash – Driver A or Driver B, assuming it was a two-vehicle accident. However, in some situations, it is determined that the parties have shared fault in causing…
New York Appellate Court Denies Summary Judgment to County in Motorcycle Accident Case
A Syracuse motorcycle accident can cause serious, life-threatening personal injuries or even death. Those who have been hurt or lost a loved one in a motorcycle crash have certain legal rights, including the right to file a negligence claim against the person or persons responsible for the accident. If the…
New York Appellate Court Agrees that Summary Judgment is Proper When Plaintiffs Did Not Suffer Serious Injuries in Auto Accident
Although New York is a “no fault” insurance state, those who suffer serious personal injuries in a Syracuse car accident caused by someone else’s negligence may be able to recover money damages from the person whose breach of duty caused the crash. Generally speaking, there is an exception to the…
New York Appellate Tribunal Agrees That Injured Driver Provided Sufficient Proof to Defeat Summary Judgment Under 90/180 Rule
A Syracuse car accident can leave an innocent driver or passenger physically injured, either temporarily or permanently. It is important that a person who has been hurt in an accident understand the nuances of New York insurance law as he or she navigates the claims process. An established motor vehicle…
New York Appellate Court Affirms Dismissal of Personal Injury Case Due to Failure to Provide Documentation to Take Case Out of No-Fault Provisions
New York is a “no fault” state for purposes of automobile accident claims. While “no fault” does not mean that a negligent driver can never be held liable for a Syracuse car accident caused by his or her failure to act in a reasonably prudent manner, it does require an…
New York Appellate Court Holds That Summary Judgment Should Have Been Partially Granted and Partially Denied in Car Accident Victim’s Suit Against UM/UIM Carrier
Under New York’s no-fault insurance laws, not every person who has been involved in a car accident has a right to sue the person responsible for the accident. Likewise, only those who meet certain exceptions to the no-fault rule can file the equivalent of a personal injury claim against their…