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!