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




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

Seat Belt Defense


         Plaintiff's failure to use a safety belt may affect the outcome of a case. Plaintiff may not recover for injuries that the use of an available and operational seatbelt would have prevented. Spier v. Barker, 35 N.Y.2d 444, 363 N.Y.S.2d 916 (1974). The seatbelt defense requires that functioning seatbelts must have been available to the plaintiff. DiMauro v. Metropolitan Suburban Bus Authority, 105 A.D.2d 236, 483 N.Y.S.2d 383 (Second Dept. 1984), citing Spier. VTL 383 requires seatbelts in all vehicles manufactured after June 30, 1964 and sold in New York. Whether, at the time of the accident, seatbelts were installed, working and available is a question of fact.


Seatbelt Charge The defendant claims that some or all of the plaintiff's claimed injuries were caused by (his, her) failure to use an available seatbelt and that plaintiff cannot recover for those injuries. The defendant has the burden of proving that some or all of the plaintiff's injuries were caused by (his, her) failure to use an available seatbelt. If you find that plaintiff failed to use an available seatbelt and that some or all of the plaintiff's injuries resulted from (his, her) failure to use the seatbelt, you may not make any award for those injuries you find (he, she) sustained because of such failure to use the seatbelt.... New York Pattern Jury Instructions - Civil, Volume 1A, Third Edition, Unified Court System, 1997, published by West Group. Practice Tip: In many older vehicles, only lap belts are available in the rear seats. There is a substantial body of literature and research documenting the fact that wearing just a lap belt often causes more severe injuries or death than going without. If this is the structure of your case, retain a good seatbelt expert and you will be able to overcome this defense.



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






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