Duties of Motorist where stop sign missing or obscured
leaving the road
Duty of Maintenance
Pedestrian Crossing Street
Responsibility for drivers actions
Safety Belt Defense
Infants Comparative Negligence
Mentally Deficient Plaintiff
90/180 day rule
Aggravation and activation of injuries
Duty of Driver on
Turning Across Traffic
the Rules of the Road
Child Crossing Near School Zone
A driver must
take special precautions if he knows, or has reason to know that children
may be likely to be in an area. Children's actions are unpredictable
and a driver who has knowledge of the special character of the area must
slow to the point where they will be able to avoid sudden darting into the
street by children.
For example, child (plaintiff) crosses the street in the middle of the
block, intending to go from the front of her school to the candy store
across the street. The defendant driving on the street strikes her. The
defendant claims that the child darted out in front of his car. If defendant
knew that the school was located on that block and was aware that at 3:00
p.m. children often cross the street in the middle of the block, the
defendant's speed, although within the posted limit, probably was too fast
under the circumstance. Drivers must expect children, wherever they are, to
act on childish instincts and impulses, and must take appropriate
precautions. (common law negligence when plaintiff under disability).
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
child's medical bills, compensate you or your child for loss or diminution in earning
capacity or cover the collateral costs of you or your child's injury.
Our office may also be able to help you recover for your child's
pain and suffering if the child meets 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 your child is not disabled or out of work.
Other attorneys in New York State
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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.
What's my case worth?