Car Accidents

The Cause of Hit In The Rear Car Accidents Is Not Always What You May Think

There is an presumption in the law that when someone driving a motor vehicle strikes a vehicle in front of them, that they were negligent in doing so. This presumption can be refuted by the defendant driver by showing that there is a reasonable alternative explanation for the hit-in-the rear accident. For example, if the …

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If The Defendant Admits Liability, Do You Still Get To Offer Evidence Regarding The Accident?

FREE consultations by telephone or by internet video conferencing are now available. Fishkill Injury Attorney Serving Wappingers Falls, Beacon, Lagrangeville and Nearby Areas of Hudson Valley Posted: June 27, 2015 When it is clear that the defendant was negligent, a common tactic used by insurance companies and their lawyers is to formally admit liability and …

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How To Defeat A Pre-Trial Motion To Dismiss A Car Accident Lawsuit

It is possible to have the court decide who was to blame for a car accident (liability) before trial.  Whoever files the motion for summary judgment before trial asking the court to decide the liability issue before trial has the burden of demonstrating negligent conduct.  Then the other party must offer admissable evidence that demonstrates …

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What Is The No-Fault 90/180 Day Catch All Serious Injury?

Under the New York No-Fault law, a car accident injury victim has several different ways that they can satisfy the law’s requirement of having sustained a “serious injury”. If none apply, there is the catch all 90/180 day rule.  What exactly is that rule? The injury victim must have a medically-determined injury or impairment of …

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Hit In The Rear Car Accidents – Defenses That Will Defeat Pre-Trial Motion For Summary Judgment

When a vehicle rear ends another stopped or stopping vehicle, the law permits the inference that the vehicle that struck the other vehicle in the rear was negligent.  However, the courts will not grant a motion for pre-trial determination of liability in this circumstance if the defendant can demonstrate a non-negligent explanation for the accident …

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Mild winter causes increase in deer population, auto accidents

FREE consultations by telephone or by internet video conferencing are now available. Fishkill Injury Attorney Serving Wappingers Falls, Beacon, Lagrangeville and Nearby Areas of Hudson Valley Posted: June 25, 2014 New Yorkers hoping for a mild winter may not realize that warmer winter weather brings with it an increase in certain motor vehicle accidents. For …

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Car Accidents – Damages For Pre-Impact Terror

Car Accidents:  Courts are frequently asked to set aside jury verdicts on the grounds that the damages awarded are “shockingly high” or, less frequently, “shockingly low.”  In this First Department appeals court decision, the appellate court determined that the victim was not conscious long enough to substantiate the award for conscious pain and suffering. Santana …

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