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
Category: Motor Vehicle Accidents
I was involved in a fender bender in a remote area upstate. Neither of the roads at the accident intersection had a traffic control. Do I have a claim against the other driver for my property damage? Collision Claim The best answer is bring a collision claim. If you have a collision endorsement on your … Continue reading Uncontrolled Intersection
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
While I was driving, a person stepped out onto the roadway and I struck him. I never saw the pedestrian because he unexpectedly began walking from the sidewalk onto the road. What should I do? I assume you already spoke to police at the accident scene. The first thing you should do is contact your … Continue reading Pedestrian Knockdown
I was injured in a car accident. It looked like the other driver was drunk or impaired in some way. Will my case be affected by the other driver’s condition? There are two ways the other driver’s condition may affect your case. Impaired drivers have the same standard of care as sober drivers. Furthermore, if … Continue reading Impaired Drivers
I was hit in my car at an intersection by a police car. I had the right of way. Can I sue the police for my injuries? Possibly. There are a number of procedural and substantive hoops you must go through to bring your case. Since you did not provide many facts, I will outline … Continue reading Police Liability
I was involved in an accident in which my car was damaged but no-one was hurt. I received a letter from the other driver’s insurance carrier saying that the insurance carrier was disclaiming. There was a bunch of legal jargon I didn’t understand in the letter. How will I fix my car? It is probably … Continue reading Insurance Disclaimers
Victims in car accidents can recover damages for scarring
The Court found that the crossing guard created a special duty of the police to insure the child would get home safely. But the Court repeated the rule that there is no general duty to insure citizens are never the victims of accidents or crimes.
Child Negligence Law NY: Parental & Minor Civil Liability Quick Answer: Under child negligence law NY rules, children under 4 years old are legally incapable of negligence (non sui juris). Children over 4 are held to the standard of a reasonably prudent child of similar age and intelligence. Parents are generally not vicariously liable for … Continue reading Children under the Law