When an MTA bus driver fails to lower the bus kneeling mechanism for an elderly or disabled passenger, can the transit authority be held liable for resulting injuries? Under New York law, public transit operators owe a duty of reasonable care to safely discharge passengers. However, determining negligence when a driver fails to engage a … Continue reading Bus Fails to Use Kneeling Device
Category: Motor Vehicle Accidents
I have a classic red 1967 Ford Mustang convertible car. It was my pride and joy for many years. Unfortunately it was damaged in a fender bender. I could not afford the special insurance rider for this car. So I do not have collision coverage. I also know that some of the damaged car parts … Continue reading Classic Car Property Damage
I was a pedestrian walking on a sidewalk. I saw that a homeowner was getting a delivery. The driver had parked partially on the sidewalk, partially in the street. I was walking around the truck on the street when a car struck me. Fortunately I suffered only minor injuries. Do I have a case against … Continue reading Pedestrian Walking In Street Due To A Blocked Sidewalk
Police arrested me for driving intoxicated after I crashed my car. Can I make a Dram Shop claim for my injuries against the bar that had served me? The short answer is no. Although you asked specifically about the Dram Shop claim, you have no claim under common law. There is no common law claim … Continue reading No Claim for Intoxicated Driver
I am a construction worker. We were replacing pipe in a sewer under the roadway. A vehicle lost control and struck me. What claims do I have for my injuries? You have a Worker's Compensation claim through your employer. A prior post explains that you have to notify your employer within 30 days after the … Continue reading Car Strikes Construction Worker
I was struck by a car that ran a red light. No one was injured. I received a letter from an attorney saying this older gentleman is making a claim for injuries. How can he make a claim? The older man was clearly suffering from some kind of memory loss. He had no idea what … Continue reading Driver with Memory Loss
Another driver claimed I went through a red light and struck them. But the other driver actually caused the accident. I found out from police at the scene that this driver did not have a valid license at the time of the accident. I do not think anything this driver says should matter since they … Continue reading Outraged Driver
I struck the rear of a car making a left hand turn from a two lane road. I may have been travelling a little fast, but isn't it dangerous for a car on a two lane highway with double yellow lines to stop in the middle of the road? It is dangerous for a car … Continue reading Left Hand Turn
I accidentally struck a young person who was on skates with my car. The skater was on a two lane road and drifted from the right side of the road just as I was trying to pass him. There was a sidewalk next to the road. Shouldn't the skater use the sidewalk so he would … Continue reading Accident with a Skater
I was driving on a dark two lane road. I did not see that there was a pedestrian walking on the right side of the road. Unfortunately I hit this person. Do I have any kind of defense? Yes you have a defense. But I would first point out that you should notify your insurance … Continue reading Difficulty Seeing A Pedestrian