Posts filed under motor vehicle accident

Who Can I Sue if the Person that Crashed into me has No Money?

Why should a car accident victim have to pay for the costs of a car accident?  The answer is that the victim should not have to pay a single cent.  The person that caused the accident should be held accountable. 

The experienced Hudson car accident attorney knows that holding this person accountable is not always easy.  This is because the offending motorists might have no money and no assets from which the victim can collect compensation.  Attorneys call these types of people, “judgment proof”.  Winning a civil lawsuit against someone who is judgment proof will do little good to the victim.

If not from the driver, from whom can an injured motorist and or pedestrian collect compensation?  New York’s permissive use doctrine answers this perfectly.  Said doctrine is found in section 388 of the New York Vehicle and Traffic Law.  It states,

“[E]very owner of a vehicle used or operated in this state shall be liable and responsible for death or injuries to person or property resulting from negligence in the use of operation of such vehicle, in the business of such owner or otherwise, by any person using or operating the same with the permission, express or implied, of such owner.”

This means that the owner of the vehicle can be held liable for the driver’s negligence behind the wheel.  Think about situations where a teen is using mom’s or dad’s car.  The teen might have little income and no assets, but the parents may have much, much more.  The same holds true when employees are driving the company car.  The company most likely has more money and assets as compared to the employee.

So long as the driver had permission to use the vehicle, the owner can be held liable.  Permission to use the vehicle can be expressly given.  For example, when mom says to child, “take the car to see grandma”.  Or permission can be implied.  Employees often have implied permission to use company vehicles.  The employer never expressly told the employee to take the car out, but completing his or her job functions requires using the company vehicle.  Additionally, permission can be implied if the owner knows someone is using the car and the owner does nothing to prevent the car’s use. 

Understanding from whom one should collect is important because the New York no fault laws and insurance companies may not compensate the victim for all damages.  The victim will then have to separately sue the driver and anyone else who can be held to pay. 

The experienced attorney will investigate not only into the matter of negligence, but also into the availability of potential sources of compensation. 

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

While Working on a Job an Employee Crashed Into My Car: Can I Hold His Company Liable?

Car accidents caused due to an employee's negligence may entitle you to compensation from the employer as well as the negligent employee.

What is My Liability When another Driver Motioned That It Was Safe to Pull into Traffic When In Fact It Was Not Safe?

It is common for motorists to make it easier for other motorists to traverse the roads.  Some everyday examples would be permitting other drivers to merge or enter into another lane, for pedestrians to cross the street, and for others to enter a main road from a side road or parking lot.  This stems from a common courtesy to other individuals and to help motorists who do not have the right-of-way by voluntarily yielding to them.

Yes, we are talking about the gesture.  That is, when one motorists waves to another motorist to go ahead with his or her movement.  We have all been there when part of a class of drivers who understand what it means to “share the road”.  But as experienced motor vehicle accident attorneys, we have seen instances when the good will of a fellow motorist actually produced a roadway accident.

What you are doing when you wave is actually yielding the right-of-way which you have and giving it to another driver.  Thus, you are creating an obligation onto yourself to yield.  But there are different interpretations of what a gesture to another motorist actually means.

Is the gesture telling me it is safe to go?  Is it telling me I can proceed if I want?  Is it telling me that it is safe only if I think so?  Does it merely mean that the other driving gesturing to me will wait for me?  There can be many meanings to a simple gesture.  It is normal for one to ask, “if a motorist waived me into traffic or indicated that it was safe to cross the street when it was not in fact safe, am I liable for the consequences or is the person who waived me on liable?  Also, can all parties somehow be held liable together?”

Please understand that New York law requires all plaintiffs in negligence cases such as car accidents to prove: that the defendant owed the plaintiff a duty; breach of that duty; that the breach proximately caused the plaintiff’s injury; damages were suffered. 

Motor vehicle negligence cases are rarely easy to prove, and they become more complex when situations like the present discussion arise.  There must be proof that the “waving-on” motorist owed a duty to other motorists involved in the accident.  The “waved-on” motorist must be proved to have had a duty as well in order to be held liable for negligence. 

One might have to show that the “waved-on” driver completely relied on the judgment of the person waiving him on, and that such reliance was reasonable.  There might also be a need to determine if the “waved-on” driver acted independently in assessing the safety of proceeding according to the other motorist’s courtesy.

Not only will the reasonableness of the motorists’ actions be judged in comparison to that of another reasonable driver.  The circumstances of the accident in dispute must be considered.  So the plaintiff will want to show that another reasonable and prudent driver in the same or similar situation would not have done what the defendant ended up doing. 

Given the complexity of entering such proof into court’s evidence in front of a jury, only experienced attorneys should be used.  Such attorneys will also be able to articulate the proper award to which the plaintiff is entitled.  Also, since each party may be held accountable for their proportionate share of responsibility, the attorney will also show how much each party is responsible to contribute to the damages awarded. 

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Car Accidents Caused by Drivers Who Didn’t Use Headlights

In order to avoid liability due to negligence, motorists must operate their vehicles reasonably as would any other prudent driver operating a vehicle under the same or similar circumstances.  Should the driver breach this duty, and if such a breach is the proximate cause of another’s injury, then the negligent driver may be accountable to pay the victim damages. 

Section 375 of the New York State Vehicle and Traffic Law states that vehicles must have two headlights that properly function and two taillights that function properly; pursuant to this statute, these lights must be in operation from dusk until dawn. 

You should note that above is listed two ways in which negligence can arise in a car accident case; the standard of care that which developed over time under common law and the requirements of a statute.  Each will impact on the way an experienced car accident attorney will approach successful resolution of a plaintiff’s claim. 

The basic elements governing every negligence claim involve proving a duty, breach of that duty, causation, and damages.  But when a statute is broken, the offender may be “negligent per se”.  What does this mean?  It means that the plaintiff does not have to show what a reasonable driver would have done under the same or similar circumstances.  Rather, the plaintiff would have to prove instead that the statute was violated. 

Negligence per se, however, does not equate to automatic victory for the plaintiff.  This is because the plaintiff still must prove that the negligent act was the proximate cause of his or her injuries.  In order for a plaintiff to show causation, he or she must give evidence that the injury was the natural, direct and uninterrupted consequence of the defendant’s negligence.  Therefore, a defendant can concede that he or she violated a traffic statute, but then argue that something greater was the cause of the plaintiff’s injuries. 

An accident that grew out of a motorist’s failure to properly employ headlights or taillights may create a situation where negligence per se applies.  An experienced attorney will then prove that such was the proximate cause of the plaintiff’s injuries.  Once this is established, the attorney will then go about giving evidence to a jury that details the damages to which the defendant is liable for paying. 

Other types of motorist behaviors that may lead to negligence per se are:

  • Failing to yield the right of way;
  • Failing to obey traffic signals;
  • Not stopping at stop signs;
  • Speeding;
  • Drunk driving;
  • Driving under the influence of drugs;
  • Texting while driving;
  • Talking on a phone while driving; and
  • Many other statutory violations.

The attorneys at Greenberg and Greenberg handle car accident cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Roadway Accidents Involving Motorcycles

There are several million registered motorcycles in the United States and New York is one of the less than half of the 50 states that mandates the use of helmets.  The sheer number of motorcycle riders on the roads will obviously indicate that some are involved in accidents.  Even though helmets are required and worn by the majority of riders, serious injury and even death may result when motorcycles are involved in roadway accidents.

Hudson motorcycle accident attorneys are dedicated to representing the rights of injured motorcyclists and their families.  We know that most motorcyclists ride cautiously and responsibly, obeying the traffic laws of New York.  However, that is not the perception that many motorcyclists have earned due to popular media and other delinquent motorcyclists.

All motorists must operate their vehicles as would any other responsible and prudent driver under similar circumstances.  This includes seeing what there is to be seen, and even hearing what there is to be heard.  It does not matter whether you are in a truck, car, pickup, or a motorcycle, the duty of care will remain the same to act reasonable and prudent under the circumstances.  The standard based on what you are driving, however, will change what is considered reasonable or not (i.e., what is reasonable for a driver of a car will change from the driver of a truck when, for instance, the issue is not being able to stop due to wet roadway conditions).

Now that spring is here, motorists should expect to encounter more motorcycles on the road.  Driving responsibly includes the conscientiousness of being aware of these types of vehicles, using one’s senses to be on the lookout for motorcycles and to prevent motorcycle accidents. 

While drivers are not tasked with anticipating all possible roadway encounters, they too cannot simply avoid liability by saying, “I didn’t see the biker”.  This is because the offending driver‘s behavior is not looked at within a vacuum.  Rather, all of the facts surrounding the accident will be investigated and placed before a jury.  The motorcyclist’s attorney will then show that other responsible and prudent drivers under the same circumstances would have avoided the accident.

Thousands of motorcyclists die each year, and tens of thousands are injured by avoidable accidents in which there was no fault on the part of the motorcyclists.  Just because a biker drives a two-wheeled vehicle, a greater risk is not assumed.  In short, motorcyclists have rights and if injured by the negligence of another, contacting an attorney is prudent. 

Common injuries caused by motorcycle accidents are spinal injuries, soft tissue injury in the back, cuts, bruising, burns, road rash, fractures, concussions, traumatic brain injury, and injuries to other internal organs.  If another motorist has breached his or her duty of care, and such a breach was the proximate cause of your injuries, you may be entitled to compensation for your damages in a court of law. 

Knowing that motorcycle accidents do happen, be sure to do whatever you can to protect yourself from injuries.  Always wear a helmet.  Use protective and reflective clothing.  Keep your headlights on at all times.  Of course, always obey the law and never operate your motorcycle under the influence of alcohol and/or drugs.  Additionally, be mindful of weather and road conditions, avoiding the use of your motorcycle when weather conditions make such too risky. 

The attorneys at Greenberg and Greenberg handle motorcycle accident cases, throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.