New York Car Accident Lawyer Blog

Published on: June 26, 2024

Court orders new trial for past pain damages in motorcycle accident case. Melnick v. Chase 148 A.D.3d 1589 (N.Y. App. Div. 2017)

by Stephen Bilkis

In a personal injury case, “pain and suffering” refers to the physical and emotional distress experienced by the plaintiff due to their injuries. It encompasses the immediate and ongoing discomfort, anguish, and limitations caused by the accident. This includes physical pain from injuries such as fractures, sprains, or internal trauma, as well as emotional suffering like anxiety, depression, or loss of enjoyment of life activities.

Future pain and suffering, on the other hand, pertains to the anticipated physical and emotional distress the plaintiff is likely to endure as a result of their injuries in the future. It considers the long-term impact of the injuries on the plaintiff’s life, including any ongoing medical treatments, chronic pain, or permanent disabilities that may affect their quality of life. Courts evaluate future pain and suffering based on expert medical testimony and evidence presented during the trial to predict the extent and duration of these future hardships.

In legal terms, both types of pain and suffering are elements of non-economic damages sought in personal injury claims. They aim to compensate the plaintiff for the intangible losses and hardships endured due to the defendant’s negligence or wrongful conduct, beyond quantifiable economic losses like medical expenses or lost wages.

Published on: June 26, 2024

Case alleging police negligence linked to distracted driving incident. Alhaji v. City of N.Y. 2015 N.Y. Slip Op. 32171 (N.Y. Sup. Ct. 2015)

by Stephen Bilkis

In a recent legal action concerning alleged negligent motor vehicle operation, defendants sought reargument of a court order requiring disclosure of cell phone records. The relevance of cell phone records lies in determining whether the defendant, a police officer, was distracted by phone use while driving, potentially contributing to the accident. The plaintiff alleges that the officer negligently entered a highway in the wrong direction, leading to a collision that caused significant injuries. Cell phone records could provide crucial evidence to substantiate or refute this claim. They may reveal the officer’s phone activity just before and after the accident, shedding light on his state of attention and actions leading up to the collision.

Given the legal framework, negligence in motor vehicle operation includes distractions such as cell phone use, which is prohibited by law while driving. Proving that the officer was using his phone during the incident could establish negligence per se, making it easier to establish liability for the accident. Conversely, if the records show no phone activity at the time, it could support the officer’s defense against the negligence claim. Therefore, these records are pivotal in determining the sequence of events and the officer’s state of attention during the critical moments leading to the collision.

Background Facts

Published on: June 26, 2024

In a distracted driving case, Court finds New York State 75% liable for claimant’s accident injuries. Jordan v. State # 2019-029-040 (N.Y. Ct. Cl. Jun. 26, 2019)

by Stephen Bilkis

In a distracted driving case, the claimant was involved in an accident with a state-owned van. Using a cell phone while driving is commonly referred to as distracted driving, a dangerous practice that diverts a driver’s attention away from the road. In New York, this behavior is explicitly prohibited under traffic laws due to its potential to cause accidents, injuries, and fatalities. The laws aim to ensure that drivers maintain full focus on operating their vehicles safely. Violations of these laws can result in fines, penalties, and legal consequences, reflecting the serious risks associated with distracted driving and the importance of adhering to regulations designed to protect public safety on the roads.

Background Facts

Ruben de Jesus Monroy Jordan was employed by Shining Star Landscaping and had traveled to New City for a landscaping job at a residence located off West Clarkstown Road (WCR). While preparing to cross WCR, Mr. Monroy Jordan observed fast-moving traffic in both directions. He positioned the mower near the edge of the road and was waiting for a safe moment to proceed when a van approached from his left. Despite his view being unobstructed, he did not see the van until it collided with the mower. The impact threw him into the air, causing him to land on the pavement and sustain injuries. The van, which had struck the mower and became entangled with it, dragged both for a significant distance. During his testimony, Mr. Monroy Jordan mentioned that he observed the defendant using a cell phone while driving, which he believed contributed to the accident.

Published on: June 26, 2024

Insurance coverage denied due to discrepancy in insured business activities. Hermitage Ins. Co. v. TAC Blacktop, Inc. 2015 N.Y. Slip Op. 31516 (N.Y. Sup. Ct. 2015)

by Stephen Bilkis

In a recent legal dispute, Hermitage Insurance Company sought a declaratory judgment against TAC Blacktop, Inc. regarding coverage under a policy issued to TAC. The case involved two personal injury actions stemming from a motorcycle accident allegedly caused by TAC’s paving activities. Hermitage moved for summary judgment, asserting that TAC’s operations exceeded the scope of coverage defined in the insurance policy.

Insurance companies only insure activities explicitly within the scope of the policy, as outlined in detailed classifications and coverage limitations. In this case, Hermitage Insurance argued that TAC Blacktop’s paving activities, which involved covering a trench on a roadway, fell outside the policy’s designated classifications for driveway, parking area, or sidewalk paving. This precise delineation is important because insurance policies are crafted to mitigate specific risks associated with defined operations. The allegations highlight how deviations from these specified activities can lead to coverage disputes.

Background Facts

Published on: June 26, 2024

Nationwide’s denial of UM/SUM claim questioned in subway moped case. Nationwide Gen. Ins. Co. v. Faulkner 2024 N.Y. Slip Op. 30985 (N.Y. Sup. Ct. 2024)

by Stephen Bilkis

In a recent legal proceeding under CPLR 7503, Nationwide General Insurance Company sought a permanent stay of arbitration concerning the injured’s claim for uninsured motorist (UM)/supplementary underinsured motorist (SUM) benefits. Faulkner, the injured, contested the petition. Faulkner alleged she sustained injuries on November 15, 2022, from a hit-and-run moped incident at the New York City subway’s Times Square station, leading to a denial of her claim under John C. Faulkner’s Nationwide policy.

In New York, Uninsured Motorist benefits provide coverage to policyholders when they are involved in an accident caused by an uninsured or hit-and-run driver. This coverage helps pay for medical expenses, lost wages, and other damages that result from the accident. UM benefits are important as they ensure that victims of accidents with uninsured drivers can still receive compensation for their losses, despite the at-fault driver’s lack of insurance.

Supplementary Underinsured Motorist benefits in New York extend coverage beyond the limits of the at-fault driver’s insurance policy. If the at-fault driver’s insurance coverage is insufficient to cover the full extent of the victim’s damages, SUM benefits can provide additional compensation up to the limits of the policyholder’s SUM coverage. This coverage becomes important in cases where the damages exceed the limits of the at-fault driver’s insurance, ensuring that victims receive adequate compensation for their injuries and losses.

Published on: June 26, 2024

Court grants hearing on timely reporting in hit-and-run case. In re Progressive Ins. Co. v. Otero 2023 N.Y. Slip Op. 51319 (N.Y. Sup. Ct. 2023)

by Stephen Bilkis

In re Progressive Ins. Co. v. Otero 2023 N.Y. Slip Op. 51319 (N.Y. Sup. Ct. 2023) involves a hit-and-run accident that occurred on March 9, 2023. The case highlights the complexities surrounding uninsured motorist claims and the procedural steps in dealing with hit-and-run incidents in New York.

Background Facts

On March 9, 2023, the respondent was driving his vehicle when he was involved in a hit-and-run accident at the intersection of Oranite Avenue and Lasalle Street in Richmond, New York. Following this incident, the respondent sustained injuries severe enough to meet the criteria of a “serious injury” under NY CLS Ins § 5102. Immediately after the accident, the respondent was admitted to Richmond University Medical Center, where he stayed until March 11, 2023, due to his injuries, which prevented him from filing a police report at that time. Nevertheless, he managed to file a MV-104 report on March 12, 2023.

Published on: June 26, 2024

Court dismisses claims against Sunflower Express in bus accident case. Yao v. World Wide Travel of Greater N.Y. Ltd. 2018 N.Y. Slip Op. 32473 (N.Y. Sup. Ct. 2018)

by Stephen Bilkis

In a complex multi-party legal case, plaintiffs sought damages from Sunflower Express, Webster Trucking Corp., and Joshua Alphonso Reid, stemming from a devastating bus accident.

Background Facts

On March 12, 2011, a devastating accident occurred on Interstate 95 in the Bronx, New York. A bus, driven by Ophadell Williams, was returning to Manhattan’s Chinatown from Mohegan Sun Casino in Connecticut. While carrying 32 passengers, the bus veered off the southbound lanes around 5:39 a.m., collided with a guardrail, overturned, and was impaled by a sign pole, resulting in 15 fatalities and numerous injuries. Investigations were conducted by the New York State Police, the National Transportation Safety Board, and the Bronx County District Attorney, which led to Williams facing charges of manslaughter and assault, although he was ultimately acquitted.

Published on: June 26, 2024

Passenger seeks damages after bus hit by unidentified SUV. Guity v. Cnty. of Westchester 2019 N.Y. Slip Op. 34310 (N.Y. Sup. Ct. 2019)

by Stephen Bilkis

In Guity v. Cnty. of Westchester 2019 N.Y. Slip Op. 34310 (N.Y. Sup. Ct. 2019), Plaintiff Beron Guity sought damages for injuries sustained in a bus accident on June 1, 2016, involving an uninsured motorist. Uninsured motorist coverage is a type of car insurance designed to protect drivers and passengers from financial loss when involved in an accident with a driver who is either uninsured or cannot be identified, such as in a hit-and-run incident. This coverage steps in to pay for damages like medical expenses, lost wages, and pain and suffering that would normally be paid by the at-fault driver’s insurance. It helps ensure that individuals receive necessary compensation even when the other party fails to carry adequate insurance, providing a layer of financial security in many unpredictable driving scenarios.

Background Facts

On June 1, 2016, while traveling on the northbound Sprain Brook Parkway in the Town of Greenburgh, New York, a Liberty Lines Transit bus, operated by Yeritza Vasquez and owned by the County of Westchester, was involved in an accident. The onboard video system recorded the incident. The bus was in the center lane when an SUV, moving faster than the bus from behind, swerved from the left lane to avoid a stopped vehicle and collided with the bus. The SUV driver fled the scene, making this a hit-and-run accident. The plaintiff, Beron Guity, a passenger on the bus, sustained injuries during this incident and filed a lawsuit seeking damages, attributing negligence to the bus driver and seeking uninsured motorist coverage from Liberty Lines Transit. The County Defendants acknowledge the accident but contest the negligence claim arguing that the accident was solely caused by the unidentified hit-and-run SUV, not by any action of the bus driver.

Published on: June 26, 2024

Cyclist sues NYSDOT for injuries from pothole, court denies claim. Rubio v. State # 2016-029-031 (N.Y. Ct. Cl. Apr. 19, 2016)

by Stephen Bilkis

On August 30, 2013, a cyclist, Pedro Rubio, encountered a life-altering incident on his routine commute to the Tarrytown Train Station. While navigating Route 119, a hidden defect in the roadway led to a catastrophic accident that would lead to a lawsuit over road maintenance responsibilities and safety obligations.

Background Facts

On August 30, 2013, claimant Pedro Rubio was bicycling to the Tarrytown Train Station early in the morning. While riding in the far right lane of Route 119, his front tire struck a defect, causing his bicycle to flip and resulting in his ejection and subsequent injuries. Rubio, an experienced cyclist, frequently used this route three times a week for his commute to work. On the day of the accident Rubio encountered the road defect. He noted the road felt bumpy that week but didn’t observe the specific pothole until the accident occurred. Rubio filed a personal injury lawsuit against the State of New York. The trial court decided that Rubio had not proven by a preponderance of the evidence that the defendant, presumably the New York State Department of Transportation or another managing body, had actual or constructive notice of the pothole that caused his accident. Rubio appealed.

Published on: June 26, 2024

Cyclist injured on detour sues road construction company for negligence.. Durrans v. Harrison & Burrowes Bridge Constructors, Inc., 128 A.D.3d 1136 (N.Y. App. Div. 2015)

by Stephen Bilkis

Durrans v. Harrison & Burrowes Bridge Constructors, Inc., 128 A.D.3d 1136 (N.Y. App. Div. 2015) is a New York bicycle accident case involving a plaintiff who alleged she was seriously injured due to construction detours and equipment. Road construction often poses significant risks for bicyclists. Construction zones typically involve altered traffic patterns and temporary surfaces that can be hazardous. Uneven road surfaces, gravel, or debris can cause cyclists to lose control. Additionally, signage or barriers may be insufficient or improperly placed, confusing cyclists and funneling them into dangerous paths, like closer to traffic or over unsafe surfaces. These conditions significantly increase the risk of accidents. Proper management of these areas is crucial, including clear signage, maintaining clean and even paths, and considering the specific needs of bicyclists to prevent injuries.

Background Facts

The plaintiff was cycling through Stony Point, Rockland County, when she was forced to take a detour on Lowland Hill Road due to a bridge closure. The detour was part of a bridge reconstruction project managed by Harrison & Burrowes Bridge Constructors, Inc., under contract with the Department of Transportation. Along the detour, orange barrels placed by the construction company narrowed the roadway, funneling traffic toward the center where a recessed manhole cover was inadequately marked. During her detour, the plaintiff’s bicycle hit this manhole cover, causing her to fall and sustain injuries. She then filed a negligence lawsuit against the construction company, alleging improper maintenance of the detour route and specifically the hazard posed by the manhole cover and the misplacement of the barrels.