Pursuant to New York’s no-fault insurance law, people can only file civil claims for damages if they sustain serious injuries in a motor vehicle collision. As such, regardless of whether a party caused a car crash, they will not be deemed liable for damages unless the plaintiff can meet the serious injury threshold. In a recent decision issued in a car accident case, a New York court described what evidence is needed to demonstrate that a plaintiff suffered a serious injury as defined by the statute. If you were involved in a collision, it is smart to speak to a Syracuse personal injury lawyer to examine whether you may be able to recover damages.
The Subject Accident
Allegedly, the defendant was driving in the rain when he approached an intersection. He stopped at the intersection for several seconds to ensure that he could safely make a left turn. As he removed his foot from the brake, his car rolled forward and struck the plaintiff, who was walking in the crosswalk at the intersection. The car stopped moving immediately after it hit the plaintiff.
Reportedly, the plaintiff was transported to the hospital, where x-rays did not reveal any fractures. She complained of extreme pain, however, and later reported that she was unable to complete any of her daily activities. She underwent extensive treatment for pain and reduced mobility in her back and neck as well. She ultimately filed a lawsuit against the defendant, asserting negligence claims. The defendant conceded liability but moved for summary judgment on the grounds that the plaintiff had not demonstrated that she suffered a serious injury as required to recover damages under New York law.
Evidence of a Serious Injury as Defined by New York Law
After reviewing the evidence, the court granted the defendant’s motion. The court explained that New York’s no-fault insurance statute specifically identified nine kinds of serious injuries, and a district court should assess whether the evidence is sufficient to warrant a jury determining that the plaintiff sustained a serious injury as a threshold question.
If a defendant seeking summary judgment on the grounds the plaintiff did not suffer a serious injury meets its burden of proof, the burden then shifts to the plaintiff to demonstrate via a sworn affidavit from a physician that they did, in fact, suffer a serious injury. In the subject case, the court ultimately determined that the defendant met his burden of proof while the plaintiff did not. As such, it granted the defendant’s motion.
Speak to a Trusted Syracuse Personal Injury Lawyer
Pedestrians struck by reckless drivers have the right to seek damages, but if they cannot establish that they suffered serious harm, their claims may be denied. If you were injured in a car accident caused by a reckless driver, you may be owed compensation, and it is in your best interest to meet with a personal injury lawyer to discuss your rights. The trusted attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess the circumstances surrounding your accident and help you to pursue any damages you may be owed. You can reach us via our online form or by calling us at 833-200-2000 to set up a conference.