Car Accident Injuries
An interesting decision was made in Cattan v. Sutton, 2014 Slip Op 05764 (8/13/14). The case involved an automobile accident in which Defendant made a motion for summary judgment. The full case can be read at the aforementioned site. The ruling in this case points to the fact that a driver having the “right of way” does not necessarily mean that the driver is exempt from being a proximate cause of an accident. The possibility exists that there can be more than one proximate cause of an accident. It is important to note that a duty for each driver exists. That duty is to see what there is to be seen through the proper use of the driver’s senses. This duty exists even when the driver has the “right of way.”
This ruling is important in evaluating a personal injury case stemming from an automobile accident. Just being injured by another driver who engaged in improper conduct on the road is not enough. Comparative fault must be eliminated. By doing so, a Plaintiff’s case is made stronger and the likelihood of success is increased.
New York Personal Injury Attorneys
As always, if you have been in an automobile accident and seek the assistance of an experienced attorney, please call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today to schedule a free consultation!
Motor Vehicle Accident Decision
In an important motor vehicle accident decision in January of 2014, the Appellate Division affirmed a summary judgment for the defendant in Lee v. D. Daniels Contr., Ltd., 2014 NY Slip Op 00487. This case centered around an interesting question, to wit, Does a parties conduct in furnishing the conditions for the accident also make that party a proximate cause of the accident? Based on this decision the answer is surprisingly, not necessarily. Causal relationships have everything to do with liability in personal injury cases. This case also shows us that it is important to keep up with current case law in order to evaluate the likelihood of success for a particular matter. Automobile accidents are very intricate and should be evaluated by an attorney.
Personal Injury Attorneys in Mineola
As always, if you were involved in an automobile accident and want to speak with an experienced attorney, call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!