Share

Motor Vehicle Accidents

Thursday, October 15, 2015

2d Judicial Department, Appellate Division Roundup: October 7, 2015 Edition

This is a particular exciting edition of the Roundup, as there are three big cases dealing with complicated issues, including one involving a multi-million dollar verdict for the plaintiffs. There are several cases having to deal with threshold and serious injuries in motor vehicle accidents, as well as a number of cases dealing with bread-and-butter litigation issues. We'll explore more, after the jump . . . 

Read more . . .


Thursday, October 8, 2015

Better or Worse: Motor Vehicle Accidents Still Claim Lives

Yesterday, the Department of Transportation testified before the New York City Council on the progress of their "Vision Zero" program introduced by Mayor de Blasio. In the last twelve months, no police cars, fire trucks, garbage trucks or snow plows were involved in a fatal crash. Last year, eight people were killed. The City is claiming that new training programs and sideguards on 250 city trucks have prevented the deaths. However, the Comptroller's introduction of ClaimStat to make city agencies accountable for the lawsuits and payouts they have had to make from injured New Yorkers are likely also involved.

But by no means is the City still safe. On Monday, a mother was killed, and her toddler critically injured, when an SUV ran a red light at Atlantic Avenue and 108th Street, striking a Kia and sending the car into four people. The mother heroically tried to push the toddler out of the way. That same day, a pregnant mother leaving her work as a waitress in Staten Island was trying to catch the bus and killed.

These everyday New Yorkers, caught in horrible and preventable accidents, deserve to be represented by a neighborhood law firm who cares to get them the most that they can for their injures. If you, or a loved one, has been hurt in an automobile accident or struck while in the street, call the experienced trial lawyers at Feldman, Kronfeld & Beatty at (212) 425-0230 or at info@fkbeatty.com


Wednesday, September 16, 2015

Rivera v. Fernandez: Motor Vehicle Accidents and Degenerative Injuries at the Court of Appeals

It is important, when finding trial lawyers to assist in a potential motor vehicle accident case, that the lawyers have familiarity with the medicine and the law surrounding auto accidents. Because of the strictness of the no-fault law in New York, if the medicine that is submitted to the Court isn’t comprehensive and accurate, there is a chance that the plaintiff’s case will be dismissed.

On August 27, 2015, in the case of Richard Rivera v. Fernandez & Ulloa Auto Group, New York’s highest court, the Court of Appeals, affirmed the decision of the 1st Department Appellate Division in a one short paragraph. This decision, while brief, impacts the rights of victims of motor vehicle accidents to sue in court to recover for their injuries.

On June 26, 2010, Mr. Rivera was rear-ended by a vehicle driven by the defendants. He told the Court and the defendants that he suffered meniscus tears in the left knee and had to undergo surgery. His doctor wrote an affidavit to the Court that the injuries he suffered were from the auto accident.

However, the defendant’s doctors wrote to the Court that Mr. Rivera’s injuries were “preexisting and degenerative,” and the plaintiff’s doctor only wrote that the plaintiff’s knee injuries were “secondary” to the accident. The plaintiff’s complaint was dismissed by the trial court, and appealed to the 1st Department.

The 1st Department agreed with the trial court. Because the injury was “secondary” to the car accident and plaintiff’s “surgeon not only failed to address or contest the opinion of defendants’ medical experts that any condition was chronic and unrelated to the accident, but also failed to address or contest the findings of degenerative changes in the MRI report in plaintiff’s own medical records.”

What this means, in summary, is that “anyone with degenerative changes [who is in an automobile accident] is automatically presumed to not have a traumatically induced injury even when the plaintiff’s doctor gives a medical opinion that the injury is traumatically induced” (NYSTLA Letter-Brief, pg. 8).

While this is one case, and every case is different, what this shows is that if you are in a motor vehicle accident, the attorneys that you choose to help you with your potential case must understood the medicine and the law surrounding motor vehicle accident cases in New York. Although attorneys are not doctors, attorneys should be familiar with the basics of anatomy, orthopedic surgery, and the difference between traumatic injury and degenerative and chronic injuries to work with you and your doctors to present the Court with all of the evidence it needs to prevent an untimely dismissal of your case.


Friday, September 11, 2015

Smith v. Roberts: Motor Vehicle Accidents, Surgeries, and Time Out of Work

In every motor vehicle accident case, an injury that leads to a surgery may not allow the plaintiff a full recovery. In the recent case of Smith v. Roberts decided by the 1st Department Appellate Division, the plaintiff only missed three days of work following the accident. The Court found that the year of work that the plaintiff missed following a surgery that was conducted several months after the accident did not contribute to the proving of a serious injury (in particular, the 90/180 day requirement) that is necessary for plaintiffs to seek recovery in motor vehicle accident negligence actions. Furthermore, the plaintiff was not able to prove a permanent consequential injury to the plaintiff's knee.

Anyone who has a potential motor vehicle accident case in New York City should immediately contact a personal injury lawyer who has experience dealing with no-fault and auto insurance companies to protect that person's rights. A small mistake can be the difference between recovery and dismissal during the motion and appeals process.


Archived Posts

2016
2015
December
November
October
September
April

← Newer1 2Older →



© 2020 Feldman, Kronfeld & Beatty | Disclaimer
42 Broadway, Suite 1942, New York, NY 10004
| Phone: (212) 425-0230

Personal Injury | Automobile Accidents | Brain Injuries | Construction Accidents | Dog Bites | Medical Malpractice | Motorcycle Accidents | Nursing Home Abuse | Slip/Trip and Fall | Spinal Cord Injuries | Truck Accidents | Accidentes en Construcciones | Wrongful Death

Law Firm Website Design by
Amicus Creative


© Feldman Kronfeld & Beatty | Disclaimer | Attorney Advertising | Law Firm Website Design by Zola Creative