New York Personal Injury Lawyers

 

Law Office of 
Charles E. Andersen

Local lawyers with big city results No fee unless you win
Violating the rules of the road
skidding Car leaving the road Duties of motorist where stop sign missing Turning across traffic
Extenuating circumstances

Accidents at Intersections Controlled by a Stop or Yield Sign

        A case of negligence negligent operation of an automobile is made upon a showing that a driver failed to obey a traffic control device. Thus a pedestrian or other motorist who is struck by the non-compliant driver has a case sufficient to withstand a motion for summary judgment.

 

        Motor vehicle laws require every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none then shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be the subject to the provisions of section eleven hundred forty-two.

 

       A driver who is subsequently struck by a vehicle which failed to come to a complete stop may use this rule of the road to establish negligence in a suit for personal injury. Standard pattern jury instructions state as follows

 

      "In applying this provision of the statute, you must first decide whether the (plaintiff, defendant) actually stopped as required. If you do decide that (he, she) failed to stop as required, (plaintiff, defendant) was negligent. If you decide that (plaintiff, defendant) did stop, (he, she) was required to comply with the provisions of Section 1142(a), which provides: "Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop...and after having stopped shall yield the right of way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection." This section requires that a driver, after having stopped, yield the right of way to an approaching vehicle if a collision might occur if (he, she) proceeds. If you decide that (plaintiff, defendant) failed to yield right of way as required (plaintiff, defendant) was negligent."

 

How I can help you recover:

 

     I am an experienced New York lawyer who has the time to aggressively pursue a personal injury case on your behalf. By knowing the law, we know who's right and who's wrong.

 

          Please call our office now if an insurer is refusing to cover your medical bills, compensate you for loss or diminution in earning capacity or cover the collateral costs of your injury.  

 

          Our office may also be able to help you recover for pain and suffering if you meet the threshold requirement for " serious personal injury " to sue under New York's  "No Fault" automobile statue. This means more than temporary injury and disability, however it does not mean that your injury must be disabling. A permanent scare, or permanent painful condition resulting from damages to joints or ligaments is sufficient to meet this threshold even though you are not disabled or out of work.

 

      

 

     

Child crossings Speed limits Duty of maintenance
Pedestrian crossing the street  

No fees unless you win

 

 

 

 

 

 

Auto Accident Facts

Thousands of innocent people per year are injured in car accidents as a result of the careless driving of others. According to the U.S. Department of Transportation, nearly 43,000 people died in car accidents in 2002. More than one-quarter of Americans have been involved in a car accident in the last five years.

Every 13 minutes, there is a death caused by a motor vehicle accident. Car accidents claim our very youngest and our very oldest populations. Americans from the ages of 1-33 are more likely to die from a car accident than from anything else. On the other side of the spectrum, elderly adults aged 75 and up are most affected by motor vehicle crashes.

Life Insurance & Auto Accidents

Most don't even have a life insurance policy that could pay for funeral expenses if the unthinkable happened. Considering the prevalence of auto accidents, it is important that automobile drivers educate themselves concerning auto accidents and the legal options that exist should an accident occur.

 

 

Free Consultation

Reasonable rates

 

 

607

(Elmira)

 

What's my case worth?

Responsibility for drivers actions
Double parked vehicles Unlicensed drivers Safety belt defenses
   

200 William St. STE 204A
Elmira, NY 14901
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Infants comparative negligence Mentally deficient plaintiff General damages 90/180 day rules
Pain and Suffering Aggravation and activation of injuries Structured judgments