Published on:

brake pedalThere are many possible things that can serve as roadblocks along your path to seeking compensation for the harm you suffered in your accident. Some of these are the defenses that the defendant will assert in trying to defeat your claim. An experienced New York car accident attorney can help you anticipate, address, and overcome the defenses a defendant throws at you. For one injury plaintiff, that meant persuading the courts the defendant who hit her was not entitled to summary judgment under the emergency doctrine.

The underlying events began innocuously enough. A man brought his car to an auto parts store for the purpose of getting a state DMV inspection. The driver gave his keys to a store employee. A store mechanic entered the car to drive it into the shop. Along the way, he crashed into a vehicle driven by the plaintiff. The mechanic had a stop sign, but he ran through it. The plaintiff had the right of way and had no traffic control signal at all.

In the plaintiff’s personal injury action, the mechanic and the parts shop asked the trial judge to issue a summary judgment in their favor. The defendants argued that the emergency doctrine applied, and that doctrine made them not liable for the plaintiff’s injuries. Specifically, the defendants contended that the mechanic tried to stop at the stop sign, but the car did not brake. The mechanic allegedly hit the brake pedal numerous times, depressing it to the floor, but the car still did not stop.

Published on:

crossing signalA well-worn catch phrase that warns against the perils of making assumptions was originally brought into pop culture by Hollywood writer, producer, and director Jerry Belson, who included the “Never ASSUME” admonition in an episode of The Odd Couple entitled “My Strife in Court.” Your accident case can work like that. Never assume anything about your case, especially if it means assuming you don’t have a case. Doing so could mean hardship not in court but outside court as a result of potentially missing out on an award of damages to which the law says you are entitled. Always consult a New York injury attorney first.

Take, for example, the recent case of a pedestrian in New York City. George was crossing the street within the crosswalk when a vehicle driven by Emilio struck him. George, by his own admission, did not have the right-of-way when he attempted crossing the street and got hit.

Well, since Emilio had the right-of-way, and George didn’t, George clearly couldn’t have a case against Emilio for the damages he suffered, right? Wrong. Depending on the other facts of the case, it is entirely possible that, even though George didn’t have the right-of-way when he was crossing that street, he may still have a winning case at trial.

Published on:

scaffoldingIf you are in the position of bringing a New York construction accident case, you likely will face vigorous opposition from the defendant(s) in your case. This is one reason (but not the only reason) why experienced and diligent construction accident counsel is so important to success. Sometimes, the defense’s approach focuses upon what the injured worker did or didn’t do. The key, then, is to demonstrate to the court either that the defense’s case is factually inaccurate or, if it is not, to establish that the law allows for recovery regardless of the injured worker’s actions.

One recent example of this was a case that arose from a fatal accident at a Columbia University building. A construction worker was working on a scaffold several stories off the ground. At some point during his work, the employee fell off the scaffold and through a third-story window. That window opened to an elevator shaft. The worker fell down the shaft and to his death.

The deceased worker’s family brought a Labor Law action against both the construction manager and the university, which was the building’s owner. The plaintiff specifically asserted a claim that the manager and the owner were liable under Section 240(1). That section requires that workers be provided with “scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons, ropes, and other devices which shall be so constructed, placed and operated as to give proper protection.”

Published on:

glasses of wineDrunk driving is a serious issue. Those who are caught driving while intoxicated can face serious criminal penalties. If, however, you are harmed as a result of someone else’s driving drunk, you should contact a New York car accident lawyer, since you may have remedies available to you in the civil justice system. Depending on the circumstances of the driver’s alcohol consumption, you may have a case, not only against the driver but also against the party who served him drinks. In a recent case surrounding one Buffalo incident, the plaintiffs defeated a defense motion for summary judgment because they had evidence indicating that the driver was visibly drunk but continued to receive more drinks at a party.

Sometimes, life is a series of unfortunate events. Marcy was driving late on April 1, 2013 when she lost control and slammed her vehicle into a concrete barrier. Marcy, her husband, and another passenger got out of the car and stepped onto a grassy area. Another driver then hit Marcy’s car. The husband and the passenger returned to where the cars were located. Police arrived. While the police were working on the scene, another driver hit Marcy’s car, thrusting it into the husband and the passenger, injuring both of them.

The injured men sued the last driver, who was allegedly legally drunk at the time of the accident. The defendant failed field sobriety tests and recorded a .127 result on a blood-alcohol content test. The defendant had imbibed alcohol at a church function and, later, at an event located at the Buffalo Central Terminal. The allegedly drunk driver left the terminal at around 10:30 p.m., stopped at his place of work, and then hit Marcy’s car at around 11:00.

Published on:

rotator cuffIf you’re injured in an auto accident, you may face a strong opposition put on by the defense. The defense may have extensive medical records and multiple experts to try to advance its position. To succeed, you need to be prepared. With the help of an experienced New York injury attorney, you can be sure that you’ve amassed all of the relevant documents you need, as well as beneficial medical expert testimony to bolster your position. In the case of a woman injured in an accident in the Bronx, her use of her emergency room records along with testimony from her orthopedic surgeon was enough to persuade the Appellate Division that she should have been allowed to proceed with her case.

Maria was injured in an auto accident and, as a result of injuries to her shoulder, launched a lawsuit against the at-fault driver. In any auto accident case, a plaintiff must comply with Section 5102(d) of the Insurance Law and show that she suffered a “serious” injury. If you, as a plaintiff, fail to show that the injury that you suffered as a result of your accident was sufficiently serious, the defense is entitled to ask the court to throw out your case. Since this is such an important element to succeeding in your injury case, it requires careful attention and clear and copious proof.

In Maria’s case, the question of the seriousness of her injury was the key issue. The trial court sided with the defense, granting summary judgment on the basis of the plaintiff’s having not met the requirement of Section 5102(d).

Published on:

broken tilesIn your New York construction accident lawsuit, details matter. In fact, sometimes it is seemingly minute details that can make all of the difference. In the case of one construction laborer hurt when he fell in an area containing dust and broken tiles, the specific details related to the work he was doing at the time of the accident were the key to his case going forward. Although the laborer’s job sometimes included cleaning, he was only responsible for laying a protective cover on a floor when he fell. That meant that dust and broken tiles were not the “means and methods” of his work at the time of the injury, and he could proceed with his case.

The injured worker was employed as a laborer for a general contractor firm. The worker was working on a “gut renovation project” when he was hurt. He had several different duties at the site, including placing protective coverings on surfaces and cleaning. The laborer was attempting to place protective covering over a floor when he slipped or tripped and fell, suffering injuries.

The laborer launched a construction injury lawsuit, alleging that he was hurt as a result of a violation of Section 241(6) of the Labor Law. In his lawsuit, the laborer pointed to the dust and the broken tiles at the job site to explain his fall.

Published on:

TruckChances are, we’ve all seen it. Whether it is a car or a large truck, at some point, we’ve witnessed a vehicle trying to navigate its way out of an extremely tight, cramped space. Some of us may even have offered assistance, using verbal commands or arm motions to let the driver know how much room he or she has before hitting something. So what happens if, in the course of offering this help, the truck driver hits you? In the case of one Western New York man, the Appellate Division concluded that he was allowed to go forward with his injury case.

Continue reading

Published on:

dragrace_carEach auto accident case has its own unique elements. Some, however, are more clearly unusual than others. In a recent case in which a passenger was injured while riding in a car modified for drag racing, the plaintiff was able to secure a ruling denying the defense an opportunity to pursue two affirmative defenses. The defenses were not available in this case in part because of the unique facts related to the car itself.

Continue reading

Published on:

worker with wheelbarrowWhen you’re hurt on a construction job, you have several elements to your case that require attention if you are to succeed. Not only do you have to worry about presenting your strongest possible case, but also you have to focus on defeating any summary judgment motions the other side might make. In the case of a marble setter hurt hauling away equipment and supplies, he was able to do that because the evidence he had on his side indicated that he was working in a work area and in the performance of his duties, so that meant that he was allowed to pursue his Labor Law Section 241(6) case.

Continue reading

Published on:

hurdles2In your slip and fall case, you may come across many hurdles blocking your path to success. You will have to handle amassing sufficient evidence. You will have to juggle meeting all of the procedural requirements the law imposes. Additionally, you’ll probably have to deal with a defendant who will try to avoid liability by second-guessing your actions and casting you as the person who was negligent and solely to blame for your injuries. With the help of experienced counsel, you can stymie this defense and still get the recovery you deserve. The recent case of a subway user offers an example.

Continue reading

Contact Information