Special Issues in Car Accident Litigation
While every car accident case brought before a court of law presents unique challenges, certain situations have inherent litigation complexities that require careful planning, research, and attention to ensure a successful outcome.
Hit and Run Accidents
While New York has strict laws to deter people from fleeing the scene of an accident, hit and runs are still unfortunately quite common. While most hit and runs are parking lot collisions, others are much more serious with drivers fleeing accidents in which people are left injured and unable to call for help.
Hit and Runs accidents present two particular challenges for attorneys and their clients: 1) Identification of the driver 2) Recovering damages.
Identification: When a hit and run driver strikes another car or pedestrian and leaves the scene, it is highly unlikely that the person will be identified by anyone present in the area. Once the unidentified driver flees, it becomes the job of investigators to track down the offender’s identity and whereabouts. While it is sometimes the case that someone present at the scene of the accident will jot down the hit and run drivers license plate or a Good Samaritan will follow the driver until police can be located, it is more likely that police will have to use investigative and forensic techniques to identify the driver. This can be a painstaking and time-consuming process with a highly uncertain outcome
Recovering Damages: Recovering damages from a hit and run driver presents two challenges:
1) the driver may never be identified
2) many hit and run drivers flee the scene because they are uninsured. Even if they are identified, there may not be any assets to recover a judgment from. The offender may have been intoxicated at the time of the accident and may be in jail or will have his licenses suspended/revoked, making it unlikely that he or she will be able to make income to pay the judgment.
If you are injured in a hit and run accident, call us at the Law Offices of Jonathan B. Nelson, PC so that we may discuss available options. Many people injured in a hit and run seek to recover for their injuries and/or property damage from their own insurance company. We can negotiate with your insurance company and take care of the burdensome paperwork so that you can recover in peace from what is usually a traumatic event.
Car-Motorcycle
Car Motorcycle Injuries – The challenge for bringing litigation against the owner of a car who has collided with a client’s motorcycle is overcoming the inherent prejudice against motorcyclists. Many people see motorcycle drivers as reckless by nature and may have a distinct bias towards them. In many cases, the injured motorcyclist was following every applicable road law and was injured as the result of a negligent auto driver. An attorney litigating a case on behalf of an injured motorcyclist must use special care to overcome the bias of a jury or judge in the event their client’s case goes to trial. Only a qualified personal injury firm, such as The Law Offices of Jonathan B. Nelson, PC has the experience to litigate a motorcycle injury case.
Bus Accidents
Bus accidents can be very complicated to settle and litigate. Many states have governmental immunity laws that can shield a municipality and/or public school from having to compensate for injuries caused in a bus accident. In addition, if you are injured as a passenger in a bus, there is often a presumption of fraud held by investigating officials. There have been a variety of schemes over the years in which unscrupulous people have boarded buses after an accident and invented injuries or completely over exaggerated their injuries. If you are injured in a bus accident, whether as the driver/passenger of a car that collided with a bus or as a bus passenger, call The Law Offices of Jonathan B. Nelson, PC right away so that we can work to secure your legal rights.
Semi-Truck/Big Rig Accidents
Because of the hazards posed by large commercial trucks and tractor trailers, state and federal laws govern many aspects of the trucking business, including how many hours a driver can go without sleep, the required maintenance on their vehicles, and their maximum daily drive time. Often, these rules are ignored given that the drivers compensated by the amount of miles driven and as a result, devastating accidents are unfortunately not uncommon.
Accidents involving large commercial trucks and big rigs are enormously complex and claims may be made for negligence on a number of different grounds. If you are involved in an accident with a large commercial truck or big rig, contact us at The Law Offices of Jonathan B. Nelson, PC for a free, comprehensive case evaluation. We will research the law and document any violations. We may look to hold the owner of the truck liable both as the employer and owner of the vehicle.
After-Market Vehicle Modifications
When a manufacturing or design defect is a factor in causing an accident or injury, there are potential grounds for a lawsuit against the manufacturer of the vehicle or accessory. These cases are especially challenging because manufacturers have developed significant skill in defending against these cases and are willing and able to put large amounts of resources towards their defense. If you think you have a product liability claim, come to the Law Offices of Jonathan B. Nelson, PC. We will use our expertise with motor vehicle product liability laws to provide a realistic assessment of your case. At the Law Offices of Jonathan B. Nelson, PC we have the knowledge, skills, and resources, to take on these complex cases and win.
Accident Caused by Road Debris
Road debris usually leads to accidents by either causing a driver to lose control of his or her vehicle or brake suddenly as an attempt is made to avoid the road debris or by penetrating the windshield and striking the driver as he or she is driving.
Finding an appropriate party to hold liable for road debris can be extremely challenging. Normally, the state or local government is responsible for cleaning road debris by removing it or pushing it to the shoulder of the road. Periodically, this is not done properly, leaving open the potential to claim negligence. In order to claim negligence on the part of the government, typically one has to prove that the government knew of the road debris and failed to take measures to mitigate it within a reasonable amount of time. This is a challenging burden to prove for the injured person. In addition, the government may claim immunity for its actions. (See governmental immunity).
In some cases, the origin of the road debris may be a truck whose tire tread came off or whose negligence in improperly securing his or her cargo led to an item falling off the truck and into the road. In these cases, it will often be challenging to locate the driver and the injured person will have to work closely with investigator and an attorney to make sure effort is made to track down the person. If the person is ever found, a negligence case is possible against the driver and/or owner of the truck.
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