In many varieties of civil litigation, including auto accident cases, discovering, accumulating, and presenting the strongest pieces of evidence in support of your case is vital and an important area where having experienced New York pedestrian accident attorneys helps. One example from earlier this year involved a pedestrian struck by a driver. The plaintiff’s case was bolstered substantially by a DVD containing footage of the intersection in question, including the events of the accident itself.
The pedestrian, Ollie, was walking along the streets of New Rochelle. At one point, she crossed the street, allegedly doing so inside the crosswalk and with the pedestrian traffic signal in her favor. Unfortunately for her, a driver, who allegedly never saw her, made a left turn that brought his vehicle into her path. He struck her, and she died from her injuries.
The administrator of Ollie’s estate, Veveline, sued the driver, alleging that he was negligent and liable for Ollie’s fatal injuries. The plaintiff presented to the trial court proof related to the pedestrian “walk” signal and Ollie’s positioning inside the crosswalk when the driver hit her. Based upon this proof, the plaintiff argued that there could be no legitimate dispute that Ollie had the right of way, that the driver improperly failed to yield the right of way, and that he was liable.
The plaintiff then asked the trial judge to issue a summary judgment in her favor, making her case that the driver’s failure to yield necessarily amounted to negligence and liability for Ollie’s fatal injuries. The driver argued that he never saw the pedestrian and that the plaintiff’s proof was not enough to warrant a summary judgment. (In cases like this, the law requires the plaintiff to prove not only that the defendant was at fault but also that the plaintiff – or, in this situation, the deceased pedestrian – was completely free of fault in order to win summary judgment.)
The trial judge denied the summary judgment request, but the Appellate Division reversed that ruling. One of the keys to the plaintiff’s success was the strength of her evidence. Sometimes, especially in cases in which the victim herself cannot testify, accumulating a lot of evidence on your side can be challenging. In this case, the plaintiff had, among other things, a DVD recording of the incident. That footage showed that Ollie was in the crosswalk and crossing with the light when the driver failed to yield and turned left into her. This was sufficient proof to entitle the plaintiff to the summary judgment she sought.
Whether you were injured as a pedestrian, a driver, or a vehicle passenger, your auto accident case likely will require careful knowledge of what is needed in terms of proving your case. You will need to be sure that you have both the right amount and the right type of evidence. The hardworking Queens pedestrian accident attorneys at Newman, Anzalone & Newman have been helping injured people for many years as they pursue the compensation they deserve under the law. To schedule a free consultation with one of our qualified attorneys, contact us toll-free at 718-896-2700 or through our website.
More Blog Posts:
Lessons from the Case of a New York City Pedestrian Hit while Crossing the Street Without the Right-of-Way, New York Personal Injury Lawyers Blog, Aug. 7, 2017
Overcoming Lost Records To Win Your New York Accident Case in Spite of Missing Evidence, New York Personal Injury Lawyers Blog, June 16, 2017