A car ran through a stop sign and struck my vehicle. The other driver told me and the police that the accident was not his fault. He blamed the mechanic that repaired his brakes. Do I have a case against driver and the mechanic? A prior post addressed the issue of bringing a claim against … Continue reading Proximate Cause
Category: Accident Cases in Court
I was struck by a vehicle that crossed over the double yellow lines on a two lane highway. The other driver claimed that he fell asleep. Is there any way the sleepy driver would not pay for my damages? Unfortunately there is a way for the driver to escape liability. But depending upon where the … Continue reading Asleep at the Wheel
I was injured when I was riding a bicycle with two of my friends. Unfortunately for me, I was riding furthest away from the curb when a car struck me. Do I have a claim for my injuries? No-Fault Benefits Yes you have a claim. First, as the rider of a bicyclist, you are covered … Continue reading Bicyclists Must Follow Rules of the Road
I was involved in a motor vehicle accident. It is not clear from the position of the vehicles after the accident if I crossed over to the other side of the road or the other vehicle did. I do not remember the accident. I have amnesia. Do I have a claim? Probably not. You have … Continue reading Injured Party with Amnesia
I was involved in a fender bender several years ago and am a defendant. My insurance company lawyer explained to me that the trial is done in two parts. What does that mean? I believe your insurance company lawyer was trying to explain to you the concept of a bifurcated trial. Liability issues are tried … Continue reading Bifurcated Trials
I was injured crossing a street at the corner by a driver who claimed that he was disabled and could not see me crossing. Can I bring a case against that driver? The short answer is yes. Although a driver may be under disability, it is incumbent upon the driver to operate a motor vehicle … Continue reading Disabled Drivers
I was a juror in a recent civil trial regarding an accident case. I was surprised that I was not allowed to take notes during the trial. Although I could go home every night during the trial. I really believe I could have done a better job with the deliberations if I took notes. Why … Continue reading Juror Note Taking During Trial
In the last post on the Emergency Situation, a person asked if they had a personal injury claim for their heroic efforts to save a driver injured in a motor vehicle accident. Furthermore, one or both of the drivers could be found liable for the hero’s injuries. That means, not only the driver that crossed … Continue reading Emergency Situation Part 2
I was badly cut attempting to remove someone from their car through a broken window. I had seen an accident between two cars and stopped to see if I could call an ambulance. A car crossed over a double yellow line and struck another vehicle, landing in a ditch. When I got to the car … Continue reading Emergency Situation
I was injured when I was driving an all-terrain vehicle (ATV) upstate. Can I bring a claim for my injuries? You probably will not have a claim for your injuries. Although, as explained later, there may be certain circumstances in which you can bring a claim, using ATVs generally excludes you from any claim against … Continue reading Accidents on Undeveloped Land