Articles Posted in Car Accidents

Distracted driving is one of the leading causes of car accidents, and cell phones are one of the main causes of distractions. Merely because a person involved in an accident had a cell phone at the time of the crash, however, does not mean that they negligently caused the collision. Instead, a person seeking cell phone records via discovery in a car accident case must establish that the information they seek is relevant to their claims or defenses, as discussed by a New York court in a ruling recently issued in a car accident case. If you were injured in a collision, you should speak to a Syracuse personal injury lawyer about your potential claims.

History of the Case

It is alleged that the plaintiff’s son was injured when the car he was driving collided with a bus operated by the defendant driver and owned by the defendant school district. Tragically, the plaintiff’s son was left in a vegetative due to the injuries he sustained in the accident. The plaintiff filed a personal injury lawsuit against the defendants, arguing they were liable for the accident and her son’s ultimate harm.

Reportedly, during discovery, the defendants moved for the production of the son’s cell phone records and information from his phone to discern whether he was using his phone at or before the time of the collision. The court granted the motion to the extent that it sought the son’s cell phone records but denied it to the extent it sought the son’s phone. The defendant appealed. Continue Reading ›

Defendants in car accident lawsuits are typically reluctant to admit liability, even if it seems clear that their behavior caused the collision that formed the basis of the plaintiff’s claims. Additionally, in many cases, the defendant will not only deny fault but will argue that the plaintiff caused the accident. In such instances, the issue of liability will usually need to be determined by the jury, as discussed in a recent ruling issued by a New York court in a case arising out of a collision. If you sustained harm in a car crash, you might be owed damages, and it is in your best interest to meet with a Syracuse personal injury lawyer to assess your options.

History of the Case

It is alleged that the plaintiff and defendant were involved in a collision. While it is undisputed that the defendant’s vehicle struck the plaintiff’s vehicle from behind, the precise manner in which the accident occurred was disputed. Regardless, the plaintiff sustained injuries in the crash and subsequently filed a personal injury lawsuit against the defendant. Following discovery, the plaintiff moved for summary judgment in his favor on the issue of liability. The trial court granted the motion, and the defendant appealed.

Comparative Fault in New York Car Crash Lawsuits

The court reversed the trial court ruling on appeal. The court explained that a plaintiff moving for summary judgment on the issue of liability in a negligence action must show, prima facie, that the defendant breached a duty they owed to the plaintiff and the breach proximately caused the plaintiff’s injuries. Continue Reading ›

It is not uncommon for driving to be part of a person’s job description. People operating vehicles for their employers must abide by the same rules as all other motorists, which, among other things, means they must drive in a safe manner. If they drive recklessly and cause a collision while on the job, both they and their employers may be held accountable. Recently, in an opinion issued in a New York car accident case, a court discussed when an employer could be held liable on a theory of respondeat superior following a collision involving their employee. If you were involved in a crash, it is important to talk to a Syracuse personal injury attorney regarding what you must prove to recover damages.

The Facts of the Case

It is alleged that the plaintiff suffered critical injuries after he was struck by a van operated by a driver on behalf of the defendant company. The plaintiff then filed a personal injury lawsuit seeking damages from the defendant. As to the defendant company, he alleged that they were liable under the theory of respondeat superior and for negligently hiring, training, and supervising the defendant driver.

Reportedly, the defendant filed a motion to dismiss, and the plaintiff filed a motion to join the defendant driver and remand the case to state court. The court denied the plaintiff’s motion and indicated it would grant the defendant’s motion unless the plaintiff filed an amended complaint addressing noted deficiencies. Continue Reading ›

While negligent driving is the root cause of most car accidents, more than one driver may be held accountable. As such, a plaintiff seeking damages for the harm caused by a collision may name more than one person as a defendant. Additionally, as demonstrated in a recent New York case, a defendant can join other parties as defendants if they believe they contributed to the crash. If you were hurt in a collision, you might be able to recover damages from multiple sources, and you should consult a Syracuse personal injury attorney about your rights.

The Procedural and Factual Background

Allegedly, the plaintiff and three other drivers were involved in a collision. The facts of the accident are convoluted; in any event, the first vehicle, which was operated by the male defendant and owned by the defendant town, was traveling south on a highway behind the second car, which was owned by a female and driven by her husband. In front of that vehicle was the third vehicle, a truck owned by a delivery service and operated by one of its employees. The delivery vehicle pulled over, after which the second car struck it. The first vehicle then struck the second before veering into traffic and striking the plaintiff.

It is reported that the plaintiff filed a lawsuit against the defendants, after which the defendants joined the drivers and owners of the second and third vehicles as third-party defendants. The third-party defendants filed motions for summary judgment, which the court granted, and the defendants appealed. Continue Reading ›

In New York car accident cases, a plaintiff must do more than just show that the defendant’s negligence caused the collision in order to recover damages. Specifically, they must also show that they suffered actual losses due to the collision. Generally, the issue of causation is within the purview of the jury, though. This was demonstrated recently in a New York opinion issued in a car accident case, in which the court reversed a trial court ruling dismissing the plaintiff’s claims. If you were hurt in a collision, it is important to understand what evidence you must produce to recover compensation, and you should contact a Syracuse car accident attorney to discuss your potential claims.

The Facts of the Case

It is alleged that the defendant struck the plaintiff’s car from behind. The plaintiff filed a lawsuit against the defendant, setting forth a negligence claim. After the completion of discovery, the defendant moved for summary judgment on the grounds that the plaintiff failed to prove her alleged injuries were the result of the collision. The court agreed and granted the defendant’s motion. The plaintiff then appealed.

Establishing Damage and Causation in Car Accident Cases

On appeal, the court reversed the trial court ruling. In doing so, it explained the issue of causation is typically one that should be resolved by the fact-finder. Summary judgment may be appropriate, however, even if there is objective medical proof of serious harm, if there are additional factors that interrupt the chain of causation between the claimed injury and the accident. Such factors may include a gap in treatment, a preexisting condition, or an intervening medical issue. Continue Reading ›

Most people will be involved in collisions at some point in their lives, and while some are fortunate to walk away unharmed, others sustain injuries that are not only painful but also costly to treat. Simply because a person suffers harm in an accident does not mean that they will be awarded compensation, however. Rather, a person injured in a car accident must demonstrate that another person is at fault to recover damages. Recently, a New York court issued a ruling in which it discussed the evidence needed to establish fault in car crash cases. If you were hurt in a collision caused by another motorist, you could be owed damages, and it is in your best interest to speak to a Syracuse personal injury attorney regarding your potential claims.

The Facts of the Case

It is alleged that in November 2016, the plaintiff was riding as a passenger in a vehicle driven by the first defendant when it was struck by a vehicle driven by the second defendant. The plaintiff sustained injuries in the crash and subsequently filed a personal injury lawsuit.

Reportedly, the first defendant moved for summary judgment, arguing that the plaintiff could not establish she was at fault for the accident and, therefore, the claims against her should be dismissed. While the plaintiff did not oppose the motion, the second defendant did; the court subsequently denied the motion, and the first defendant appealed. Continue Reading ›

Car accidents are common throughout New York, and in many instances, they cause not only property damage but also significant injuries. Fortunately, parties harmed in collisions caused by reckless drivers can often recover damages in civil lawsuits. While in most car accident cases, the courts will find that there are issues of fact that must be resolved by a jury at trial, in some cases, they will find that no factual disputes exist and judgment should be granted in favor of one party as a matter of law. Recently, a New York court issued an opinion discussing judgment as a matter of law in car accident cases, ultimately determining that the trial court erred in granting judgment in favor of the plaintiff. If you were injured in a collision caused by another driver’s carelessness, you might be owed compensation, and you should meet with a Syracuse personal injury attorney as soon as possible.

The Subject Accident

It is alleged that the plaintiff was sitting in the driver’s seat of her car, which was parked on the street. She subsequently felt an impact, first on the left rear side and then by the driver’s side door of her vehicle. She then saw the decedent’s vehicle on the left side of her car. Immediately before the crash, the decedent was coming out of the driveway that was behind the plaintiff’s car.

It is reported that the force of the impact caused the plaintiff’s vehicle to move two feet forward and strike the car in front of it. The plaintiff suffered injuries in the accident and filed a negligence claim against the decedent. Following the decedent’s death, a representative of her estate was substituted as the defendant. The case proceeded to trial, and at the close of evidence on the matter of liability, the defendant moved for judgment in her favor as a matter of law. The trial court granted the motion, and the plaintiff appealed.   Continue Reading ›

Generally, car accidents are caused by reckless driving. Thus, a person injured in a car crash will typically seek compensation from the driver they deem responsible for the collision. Defendants rarely concede their liability, but unless they can establish a non-negligent reason for an accident, they may be deemed culpable. Recently, a New York court discussed what evidence is sufficient to rebut an inference of negligence in a chain-reaction car crash case. If you sustained injuries in a collision caused by another driver, you have the right to seek compensation, and it is smart to contact a Syracuse personal injury lawyer regarding your potential claims.

The History of the Case

Reportedly, the plaintiff was the driver of the first car in a four-car chain-reaction collision. The defendant was operating the second car at the time of the crash. The plaintiff filed a lawsuit against the defendant, alleging he negligently caused the accident and the plaintiff’s subsequent harm. The defendant moved for dismissal via summary judgment. The court granted the defendant’s motion, and the plaintiff appealed.

Negligence in the Context of Car Accident Cases

In New York, a defendant seeking dismissal of a negligence claim via summary judgment must show that they were not at fault in the subject accident. The appellate court explained that an accident can have more than one proximate cause, and the party moving for summary judgment bears the burden of establishing they are not at fault as a matter of law. Continue Reading ›

Even seemingly minor rear-end collisions can cause significant injuries. Although the second driver in a rear-end crash is typically deemed responsible, the first driver must nonetheless prove fault and that the accident caused them to suffer harm in order to recover damages. It is not uncommon in lawsuits arising from rear-end collisions for the defendant to admit fault but to argue that the plaintiff did not actually suffer serious harm as a result of the crash. Recently, a New York court assessed what a defendant must prove to establish they did not cause a plaintiff’s harm in cases arising out of rear-end collisions. If you were hurt in a car crash, it is in your best interest to speak to a Syracuse personal injury lawyer as soon as possible.

History of the Case

It is reported that the plaintiff was driving her vehicle when it was struck from behind by a car driven by the defendant. The impact caused the plaintiff’s vehicle to propel forward into the car in front of her. She suffered injuries in the accident and subsequently brought negligence claims against the defendant. The defendant moved for summary judgment on the issues of whether the plaintiff’s alleged harm arose out of the accident and whether she suffered a severe injury. The court denied her motion, and she appealed.

Establishing a Car Accident Caused a Serious Injury

On appeal, the defendant argued that the trial court erred in denying her motion because she met her initial burden of proof by establishing that the plaintiff did not sustain a serious injury that was causally related to the accident. Further, the defendant argued that the plaintiff failed to demonstrate the presence of a triable issue of fact in her opposition. Continue Reading ›