Personal injury lawyer handles traffic accidents


Law Office of 
Charles E. Andersen

vehicle and traffic regulations violating the rules of the road
turning across traffic
accidents duties of mororist where stop sign missing sudden stopping skidding
child crossings

Extenuating Circumstances


      Defendant may be held to a lesser standard of care if defendant encountered extenuating circumstances or was operating under some disability. For example, when faced with an emergency, mere errors in judgment do not constitute negligence on the part of the defendant who acts reasonably under the circumstances. (driver entitled to emergency doctrine charge since jury could find that incident was too brief and unexpected to allow time to blow horn or to make intelligent choice of best way to avoid or minimize impending collision when child ran out from behind an ice cream truck).

     A greater standard of care may apply if special extenuating circumstances existed or if plaintiff exhibited a disability. If plaintiff has a disability, or is too young to hold accountable at an adult standard, and defendant is or should have been aware of plaintiff's condition, the defendant may be held to a higher standard of care.  For example, a motorist must take extra precautions when driving in the vicinity of a children's school. Likewise, a motorist proceeding within the posted speed limits can be driving too fast under the circumstances if traffic, weather, road or other conditions dictate a lower speed.


Emergency Situation


     A person faced with an emergency and who acts without opportunity to consider the alternatives is not negligent if (he, she) acts as a reasonably prudent person would act in the same emergency, even if it later appears that (he, she) did not make the safest choice or exercise the best judgment. A mistake in judgment or wrong choice of action is not negligence if the person is required to act quickly because of danger. This rule applies where a person is faced with a sudden condition, which could not have been reasonably anticipated, provided that the person did not cause or contribute to the emergency by (his, her) own negligence



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.






speed limits duty of maintenance pedestrian crossing street
responsibility for drivers actions  

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






What's my case worth?

double parked vehicles
unlicensed drivers safety belt defenses infants comparative negligence

200 William St. STE 204A
Elmira, NY 14901
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Mentally deficient plaintiff general damages 90/180 day rule pain and suffering
aggravation and activation of injuries structured judgments non-recourse funding