Chances 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.
Life is full of frustrating and unexpected difficulties and challenges. The same can be true about accident litigation. Sometimes things go wrong that are outside your control. The key is how you respond. In the case of a pedestrian hit by a bus driver, she was able to overcome a state agency’s inability to provide her with a certified document she needed for her case. The plaintiff succeeded because she was able to use an alternative method of providing the court with the evidence she needed to win her case on the issue of liability.
One of the hallmarks of our legal system, as well as one of the most basic expectations that any litigant has when they go to court, is that through the execution of the process justice will be served. Sometimes, individual cases can be a bit more complicated when litigants or attorneys don’t comport themselves properly. So what do you do when your opponent (or opponent’s counsel) crosses the line and engages in improper conduct? In the case of one Bronx pedestrian, you ask for (and receive) an order setting aside the verdict and awarding a new trial.
A recent report published last month in the New York Times indicated that fatal pedestrian accidents rose substantially in 2016, with 6,000 pedestrians losing their lives. Here in New York City, the family of a Stuyvesant Town woman who died in 2013 after a Con Ed truck ran over her at an intersection in Manhattan received a degree of good legal news recently, when the Appellate Division overturned a trial court ruling that had denied summary judgment on the issue of the driver’s liability.
Winning a trip-and-fall case, like many civil lawsuits, involves having strong factual evidence and also a clear understanding of the law and procedural rules. A recent case provides some useful information regarding the rules of how you must go about pursuing a sidewalk injury case. In this case, the injured pedestrian did nothing that violated the rules, and therefore the defendant property owner wasn’t entitled to a dismissal.
A man who was literally knocked out of his shoes when a vehicle struck him won a reinstatement of the jury verdict in his favor recently. The Appellate Division, Third Department ruled that, given the extensive evidence showing that the plaintiff’s harm was serious and long-lasting, it was not unreasonable for the jury in the case to conclude that the man’s injury was sufficiently serious to allow for his recovery of damages.
The injured man in this case was hurt while unloading items from his parked car. A car driven by the defendant crashed into his car, which slammed his car into his body, and that second collision sent him flying into the air. When the plaintiff landed on the sidewalk, he had a three-cm gash in his scalp that required five stitches to close and a concussion.
People using New York City’s roads and expressways have many things with which they must concern themselves, including pedestrians, passenger vehicles, motorcycles, and semi trucks. Generally speaking, one thing you don’t have to worry about in New York City is encountering cows in the road. However, a cow in the road 250 miles west of New York is exactly what led to a fatal accident and a lawsuit on behalf of the dead woman, in which the New York Court of Appeals recently issued a ruling in favor of the plaintiff. While you may never need to exit your vehicle to assist a cow in New York City, this ruling is still important because anyone in New York, whether it’s the city or the country, might find themselves on foot in the roadway trying to help one of “our four-legged friends.”
In personal injury and wrongful death cases, there can be many complications that stand as hurdles between you and success. One of the most challenging ones can be a lack of eyewitnesses available to testify to the events that took place to cause the injuries and make the defendant liable. Just because your case has a complete absence of available eyewitnesses doesn’t mean you should give up or can’t win. The case of a woman who died on a service road in the Bronx illustrates that well, since the deceased woman’s daughter was able to secure a $950,000 judgment on behalf of herself and the deceased woman’s mother, which was upheld by the Appellate Division, First Department, even though no one saw the deceased woman get run over.
When you are injured in an accident, timing can be very important. As part of this timing process, it may sometimes be necessary for some accident victims to begin pursuing their cases even before they have all of the facts they will need at trial. In one recent case from New York City, a pedestrian was hit by a bicycle delivery person for an Italian restaurant. The woman went forward with her case, even though, at the time, she did not know the precise identity of the bicyclist. Nevertheless, her lack of knowledge of the driver’s identity did not entitle the restaurant to summary judgment, a New York County trial court ruled in this case. The injured pedestrian’s victory in this summary judgment battle is a reminder that, even if you are missing some important details in your case, you should not believe that this prevents you from pursuing recovery for your damages.
Success in your personal injury case may depend on several things. Your opponent may try to attack your actions as contributing to the accident. Your opponent may also attempt to challenge the seriousness of your injuries. If your opponent succeeds on any of these arguments, it may mean a more time-consuming and costly path to achieving recovery for your damages. In one recent case from Manhattan, an injured pedestrian overcame all of these hurdles thrown up by the defense, successfully persuading the trial court that he was entitled to summary judgment in his case on both the issue of liability and the seriousness of the pedestrian’s injury.