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July 2014 Archives

The Alix Law: Proposed Legislation in Hit-and-Run Accidents

As of this writing, new legislation that has passed through the state Senate is currently waiting on the dockets for the Assembly to decide. The legislation would change the way that hit-and-run accidents are treated, and provide a different level of standard for the driver, making it harder for drunk drivers to walk away from a hit-and-run without serious consequences. 

Using Black Box Data in Car Accident Proceedings

In the last few years, there has been a new technological trend that will revolutionize the way in which parties involved in civil proceedings will be able to litigate personal injuries related to motor vehicle accidents. The new technology, known as the "black box" and utilized for years in the aviation industry, is being installed in newly manufactured motor vehicles in the United States. It is estimated that about 96 percent of these new vehicles have the technology. The National Highway Traffic Safety Administration has proposed legislation to have the black boxes mandatorily installed in all new vehicles this coming year. 

The Basics of No-Fault Insurance in New York

New York has created a system by which "minor" personal injury causes of action that arise from motor vehicle accidents can be screened. It is mandatory that all drivers of motor vehicles purchase insurance that contains liability coverage, as well as the no-fault provisions set out in Article 51 of the New York Insurance Law.
The purpose of no-fault insurance is to protect New York drivers who have been injured in car crashes from having to pursue lengthy litigation and negotiation processes in order to collect damages for their injuries. 

The Application of the Emergency Doctrine in New York

While driving in New York, an operator of a motor vehicle must always be aware of his surroundings and drive with the requisite level of care for passengers within his vehicle, as well as, pedestrians and other vehicles sharing the roadways. There are, however, moments where an emergency may happen either to the driver or a passenger, which makes it impossible to control the car, and ultimately, the consequences. 

Permissive Use Doctrine in New York

When involved in a car accident in New York, there are many initial concerns that you may have after the collision. Personal injury and property damages need to be assessed, the facts of the story leading up to the collision need to be determined and reported, and finally, you need to decide whether or not you would like to recover damages from the person who was responsible for the accident. Though no-fault insurance plays a major role in recovery, this type of insurance requires that the parties involved not only have the insurance but are covered by it up to the maximum amount. The analysis of your case gets more difficult when the driver is not the owner of the vehicle; in this case, can you recover from the driver, the owner, or both? 

The Graves Amendment Defense and Negligent Entrustment

In New York, when you have been involved in an accident, it is important to assess the damage that has been done to you and your property, and to also determine the facts surrounding the collision. In this state, if the owner and the driver of the car are different people, it is possible to attach vicarious liability to the owner for any of the negligent acts that the driver of the car committed while operating the vehicle. This is to ensure that those who have sustained injuries in a car accident will have more possible sources by which to collect damages (if beyond what is provided for by no-fault insurance).
The permissive use doctrine is the application of New York Traffic and Vehicle Law Section 388 to tack on liability to any owner of the vehicle who gave express or implied permission to another driver to use the vehicle, if the driver then got into an accident while driving within the scope of the permission. 

Personal Jurisdiction Over a Non-Resident Involved in an Accident

When you have been involved in a motor vehicle accident, many questions and concerns arise immediately after the collision. First, in the midst of the post-accident moments, there is concern of whether the passengers of your car are safe, whether the passengers of the other car (or cars) are safe, what the damage is to the involved cars, whose fault is it, and ultimately, what should be done next after exchanging licenses and registration and calling the police to investigate. What happens though if the negligent driver is not a resident of New York?
There are two ways to get personal jurisdiction over a non-resident responsible for injury to another party in New York. One is through the New York Long-Arm Statute and the other is through the Non-Resident Motorist Statute. 

Contribution: A Share in the Damages among Multiple Drivers in an Accident

When there is a car accident involving more than two cars, it may be increasingly difficult to determine the equitable share of the fault for each of the negligent drivers responsible for the plaintiff's injuries. If the plaintiff decides to file suit against only one of the negligent drivers, that negligent driver may bring any of the other negligent drivers, who he believes was also responsible for the accident, into the lawsuit. 

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