New York Personal Injury Lawyer

 

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

 

 

Extenuating circumstances

Violating the Rules of the Road

 

      

       A comprehensive set of traffic laws established under the V&T act determine what type of driver actions are mandated or prohibited, The V&T controls the propriety of the drivers actions and makes driver actions in violation of it's provisions a traffic law infraction.

 

     In most cases, a driver's violation of the Vehicle and Traffic Law establishes negligence in a subsequent suit by someone injured by that driver's conduct.

 

      Two automobiles, or a car and a pedestrian cannot come in contact with one another without one having violated the traffic law. Assuming that the plaintiff driver can show some violation on the part ot the defendant driver of a "rule of the road", the suing driver can establish a "prima facia" case of negligence against the defendant. For example if a plaintiff pedestrian walks onto the road at night and is struck by a car with one headlight out, the plaintiff has a prima facia case for personal injury recovery even though the defendant driver perceived and reacted to the situation as a normal prudent driver. The defendant violated a statutory duty to maintain his automobile and the failure to comply with the vehicle and traffic law can be used to establish the case against him

 

        Drivers Defenses

 

        The sudden emergency doctrine may excuse a violation of the rules of the road. For example, crossing the center line may be excused by emergency evasive action necessary to avoid a collision with someone that runs onto the highway. Whether the sudden emergency doctrine comes in to play is a preliminary determination to be made by a judge in instructing the jury.

 

      "Acts of God" may also excuse a drivers violation of the traffic law.

Lightning striking a vehicle and causing it to lose control and strike another car is one example of the "act of god" scenario that explains an otherwise avoidable accident. "Black ice" often is argued to be an "act of God" that juries occasionally accept as a non-negligent cause of an accident.

 

       The Instructions by the Court:

       

        If a personal injury case goes to trial the judge will give the following instructions to a jury:

 

         Statutory Standard of Care Vehicle and Traffic Law Violation The Vehicle and Traffic Law establishes rules of conduct which must be obeyed by motorists and pedestrians alike. Plaintiff claims that the defendant failed to comply with the Vehicle and Traffic Law.

         In considering the evidence in this case, you must determine whether the plaintiff has proved that the defendant failed to comply with (that, those) statute(s). If you find that defendant violated (that, those) statute(s), such a violation constitutes negligence. You cannot disregard a violation of the statute and substitute some standard of care other than that set forth in the statute.

 

 

child crossings Speed limits Duty of Maintenance
pedestrain crossing the street  

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.

 

 

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607-734-2917

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Responsibility for drivers actions
Double parked vehicles Unlicensed drivers Safety belt defenses
   

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General damages Infants comparative negligence Mentally deficient plaintiff 90/180 day rule
Pain and suffering aggravation and activation of injuries Structured judgments