When you have a fairly strong case, there are various avenues to reach a successful outcome. While any of those avenues can potentially provide you with the compensation you need, some may be even more optimal than others. For example, if you can persuade the trial court that it should award you summary judgment in your case, then that means that the defendants will be held liable, and you will have gotten that judgment of liability without having to undergo the stress and potential uncertainty of a full trial on the question of fault. In order to make sure you are taking the best approach to get the compensation you need, make sure you consult and retain a knowledgeable New York injury attorney.
One situation that can lend itself to achieving a successful summary judgment motion in an auto accident case is when there is a clear-cut case of one party’s having wrongfully failed to yield the right of way. As an example, take the case arising from an intersection accident in Dutchess County. A.M.’s vehicle collided with a vehicle driven by B.R. B.R.’s vehicle was owned by another person, M.G. B.R. was traveling along a street that had stop sign. A.M.’s street had no traffic signal or sign.
A.M. sued both the other driver and the owner of the vehicle. The central thrust of A.M.’s case was fairly straightforward: B.R. negligently ran the stop sign and caused the crash. This meant that B.R. improperly failed to yield the right of way in violation of the Vehicle and Traffic Law, was liable for A.M.’s injuries and owed her damages, according to the complaint.
In addition to filing suit, A.M. also asked the trial court to award summary judgment in her favor. To achieve a summary judgment, you need to be sure that you have obtained and presented all the strong evidence necessary to make yours an “open and shut” case. In A.M.’s situation, B.R. admitted to the police that he ran the stop sign. A.M. obtained, and presented to the judge, a copy of the police report in which the officer stated that B.R. admitted failing to stop at the stop sign. She also gave the court her own statement and the statement of another witness, all of which stated that B.R. ran the stop sign.
Once you have this clear evidence of the defendant’s culpability, then you may be able to obtain a summary judgment on liability and proceed toward proving the extent of your damages. The law does not require you to prove to the judge that you were completely devoid of any comparative negligence in order to succeed in your request for summary judgment, so even if you don’t have proof of that, you opponent cannot defeat your summary judgment request on that basis alone.
Whether you are seeking to win your case on summary judgment or need to take your case to trial, you need skilled counsel on your side. The diligent Queens injury attorneys at Newman, Anzalone & Newman are ready to help. Our team has been helping people hurt in auto accidents for 40 years to get fair compensation for their harm. To put our experience to work for you, schedule a free consultation with one of our highly qualified attorneys. Contact us toll-free at 877-754-3099 or through our website.
More Blog Posts:
How An Injured Scooter Driver Used a New York Taxi Driver’s Own Words to Secure a Summary Judgment in His Intersection Accident Case, New York Personal Injury Lawyers Blog, May 23, 2018
What It Takes To Obtain a Summary Judgment on Liability in Your New York Intersection Crash Case, New York Personal Injury Lawyers Blog, May 12, 2017