New York Personal Injury Lawyer in Elmira

 

Law Office of 
Charles E. Andersen

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Accidents at Intersections

 

Duties of Motorist where stop sign missing or obscured

 

Close following

 

Sudden stopping

 

Skidding

 

Car leaving the road

 

Extenuating circumstances

 

Child crossings

 

Speed limits

 

Duty of Maintenance

 

Pedestrian Crossing Street

 

Responsibility for drivers actions

 

Double parked vehicles

 

Unlicensed Drivers

 

Safety Belt Defense

 

Infants Comparative Negligence

 

Mentally Deficient Plaintiff

 

General Damages

 

90/180 day rule

 

Pain and Suffering

 

Aggravation and activation of injuries

 

Structured judgments

 

Non-Recourse Funding

 

Duty of Driver on Through Highway

 

Turning Across Traffic

 

Violating the Rules of the Road

 

 

 

duty of maintenance

Mentally Deficient Plaintiff

 

      

         Persons who are considered mentally deficient by reason of insanity, weak-mindedness or old age are held to the standard of care for their own safety for which they are capable and for which reasonable persons with the same mental capacity would be capable of avoiding danger. Horton v. Niagara Falls Memorial Medical Center, 51 A.D.2d 152, 380 N.Y.S.2d 116 (Fourth Dept. 1976).

 

            Intoxication If there has been drinking, even if you have a passenger, your case may be very weak or even without merit. There are several defenses to be familiar with before you sign up the client and before you make representations about what a great case he has. If both parties have been drinking and are intoxicated, then the courts commonly hold that this was a "joint participation and contribution" and dismiss the action upon summary judgment motion at the completion of discovery. This doctrine is found in Harris v. Hurlburt, 373 N.Y.S.2d 480 (Sup. Ct, Seneca County, 1975). There both the driver and passenger were intoxicated. The passenger, who ended up as a paraplegic, was "no caused" and the verdict sustained. See also, Prunty v. Keltic's Bum Steer, 163 A.D.2d 595, 559 N.Y.S.2d 354 (Second Dept. 1990); (Rev. 1,7AX» General Obligations Law §11-101. But see, Ciserano v. Sforza, 130 A.D.2d 618, 515 N.Y.S.2d 548 (Second Dept. 1987). Ciserano, a passenger case, was not dismissed despite significant testimony indicating the passenger's culpability. Testimony was given that the passenger was "hanging out" of the window on the passenger side with a bottle of liquor as the vehicle traveled between 60- and 80-miles per hour. The Appellate Division held that the question of whether the passenger assumed the risks inherent in riding with a known intoxicated driver and his comparative negligence should be contained in one jury question. Ciserano v. Sforza, supra. The recognized exception is where you are able to establish that the passenger/plaintiff not only did not contribute to the driver's intoxication, but also was not even aware of the fact. That can occur where they were on opposite sides of the room during the evening and when they left, the driver "appeared" sober and in control. These are facts you must establish. There may be another collateral claim and additional coverage here if the intoxicated driver was underage. If he had been provided alcohol by a third party, not the claimant, then that third party might be a proper party and his homeowners' coverage would apply, even in this automobile situation. If the driver was supplied additional alcohol once he appeared to be impaired, even where ho was not underage, the person supplying the alcohol can be liable to injured third parties under the New York Dram Shop act. General Obligation Law §11-101

 

 

     

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.

 

      

 

     


 

Pedestrian crossing street Responsibilities for drivers actions double parked vehicles
unlicensed drivers  

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

 

 

607-734-2917

(Elmira)

 

What's my case worth?

Safety belt defenses
Infants comparative negligence mentally deficient plaintiff General Damages
   

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200 William St. STE 204A
Elmira, NY 14901
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damages 90/180 day rule pain and suffering aggravation and activiation of injuries
structured judgments non-recourse funding duties of driver on through highway