Defendant's Attorney: No Appeance

Description: Albany, New York personal injury truck wreck lawyers represented the Plaintiff who sued the Defendant on an auto negligence theory claiming $1 million in damages.

Negligence in New York, as in most states, refers to the failure to exercise reasonable care that a person in similar circumstances would exercise. In the context of car accidents, it means a driver's failure to operate their vehicle with due care, resulting in injury or damage to others.

Key Elements of Auto Negligence:

Duty of Care: Every driver on the road in New York has a legal duty to act reasonably and safely to avoid causing harm to others. This involves obeying traffic laws, maintaining a safe speed, driving attentively, and avoiding distractions.

Breach of Duty: To prove negligence, the injured party (plaintiff) must show that the driver (defendant) breached their duty of care. This means demonstrating that the driver acted in a way that was unreasonable and fell below the expected standard of care.

Causation: The plaintiff must also establish a causal link between the driver's breach of duty and the resulting injuries or damages. This means showing that the accident wouldn't have happened if the driver hadn't been negligent.

Sure, here's an overview of New York Auto Negligence Law:

Negligence in General:

Negligence in New York, as in most states, refers to the failure to exercise reasonable care that a person in similar circumstances would exercise. In the context of car accidents, it means a driver's failure to operate their vehicle with due care, resulting in injury or damage to others.

Key Elements of Auto Negligence:

Duty of Care: Every driver on the road in New York has a legal duty to act reasonably and safely to avoid causing harm to others. This involves obeying traffic laws, maintaining a safe speed, driving attentively, and avoiding distractions.
Image of stop sign and yield sign Opens in a new window
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stop sign and yield sign
Breach of Duty: To prove negligence, the injured party (plaintiff) must show that the driver (defendant) breached their duty of care. This means demonstrating that the driver acted in a way that was unreasonable and fell below the expected standard of care.
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gavel and scales of justice
Causation: The plaintiff must also establish a causal link between the driver's breach of duty and the resulting injuries or damages. This means showing that the accident wouldn't have happened if the driver hadn't been negligent.
Image of cause and effect diagram Opens in a new window
wikipedia.org
cause and effect diagram
Damages: If negligence is proven, the injured party can seek compensation for various damages, including medical expenses, lost wages, pain and suffering, and property damage.

Comparative Negligence in New York:

New York follows a pure comparative negligence law. This means that if the injured party contributed to the accident, their damages will be reduced by their percentage of fault. However, they can still collect damages as long as their fault is less than 50%.

Additional Information:

New York requires most drivers to carry liability insurance to cover the costs of damages they cause to others in an accident.
If you've been in a car accident and believe the other driver was negligent, it's important to seek legal advice from an experienced attorney familiar with New York auto negligence.

Outcome: Memorandum-Decision and Order and 56 Judgment. The document image attached to these docket entries contained the incorrect dkt. no. for the Report-Recommendation. The dkt. no. was updated on the documents and the docket entries. (dpk) (Entered: 12/04/2023)

Plaintiff's Experts:

Defendant's Experts:

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