In an injury case, there will be several key junctures and a number of essential hurdles you’ll have to clear in order to achieve a successful result. One of these is getting past a defense request for summary judgment because losing this motion means losing your case before you even get to trial. On the other hand, winning a motion for summary judgment that you filed means that you have succeeded in holding the other side liable without even having to go through a full trial. During this “motion practice” part of your case, make sure that you have a skilled New York truck accident attorney handling your case.
A case from Queens County arising from an accident at a rail yard is an example of such a successful result. Thomas and Christopher were sitting in a work truck when their truck was rear-ended by a boom truck that backed into them. Thomas and Christopher had intended to park near a shed that contained signal relays, but their path to their intended stopping point was blocked by another vehicle. They stopped along a narrow roadway, and that was when they were hit.
Thomas and Christopher were injured in the crash and eventually sued. Thomas and Christopher also asked the judge in their case to issue a summary judgment in their favor on the issue of the boom truck operator’s liability (and the employer’s vicarious liability). When you are asking the court to enter such a judgment in a vehicle accident case like this, there are two essential things you have to show. One is that the person who hit you was negligent. The other is that, in your conduct leading up to the accident, you were completely free of negligence on your part.