There 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.