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.