New York Personal Injury Lawyer in Elmira

 

Law Office of 
Charles E. Andersen

accidents at intersections duties of motorist where stop sign missing
close followint
sudden stopping skidding car leaving the road extenuating circumstances
child crossings

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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

Responsibility for Drivers Actions

      

  

           There is a presumption that a vehicle owner is responsible for the actions of a driver using the vehicle with the owner's permission, regardless of how the vehicle is used. Permission can be express or implied. Pursuant to CPLR 388, an owner of an automobile can be held liable for the negligence of the drivers of his or her automobile. The pertinent part of the statute states that "every owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use or operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner...."

 

            A recent Court of Appeals case clarified the meaning of the phrase "use or operation" of a vehicle as it appears in the CPLR and distinguished its meaning from the same phrase that is used in the Insurance Law section 5103(n)(l) setting when defining entitlement to No-fault benefits. In Argentina v. Emery World Wide Delivery Corp., 93 N.Y.2d 554, 693 N.Y.S2d 493 (1999), the Court of Appeals interpreted the purpose of 388(1) of the Vehicle and Traffic Law and determined that it is different than the No-fault law. It held that interpretations of "use or operation" of an automobile applied in the No-fault setting should not be adopted in the negligence setting. The Court stated that the purpose of 388(1) of the Vehicle and Traffic Law is "to ensure recourse to the vehicle's owner, a financially responsible party." The Court further determined that a vehicle's owner can be vicariously liable under 388(1) for injuries resulting from a permissive user's negligent loading and unloading. It need not be shown that a person's injuries while loading or unloading a vehicle were produced by the vehicle. The fact that the injuries were caused by an instrumentality other than the vehicle will not be fatal to plaintiff's claim, The Court also ruled that reading a proximate cause limitation into the statute was unnecessary because negligence must be established under VTL 388. In order to establish liability in the "use" of a vehicle, negligence must be shown, and that negligence must be a cause of the injury. .

 

     

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
   

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