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Major Win In White Plains Truck Accident Case

October 7, 2011
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Today, White Plains personal injury lawyer Michael Joseph won a major victory against the city of White Plains. Our client was in a pick up truck stopped on the bottom of a hill when a municipal garbage truck came flying down and hill and rear ended our client.

The driver of the garbage truck and the City tried to avoid their responsibility by claiming that there was a sudden and unforeseen emergency because their brakes suddenly failed. Our Westchester personal injury lawyers consulted with an expert diesel brake mechanic and gained the technical expertise to reveal the City of White Plains defense for the sham that it was.

Our Westchester truck accident lawyer, Michael Joseph, took several depositions of the mechanics from the City’s garage, all of whom were highly experienced diesel mechanics. Through these depositions, our injury attorneys were able to prove that the brakes were in good condition shortly before the accident an upon the post inspection repair, all of the brakes were in good working order. Additionally, our Westchester car accident lawyer got the mechanics to admit that a sudden failure which the garbage truck driver claimed was a mechanical impossibility because the rear and front brakes work independently and if there is a failure in one part the other can stop the truck. Additionally, the braking system on these types of trucks have a dual braking system with a service side and an emergency system. These systems work independent of each other and therefore a failure on one side will not effect the other. Therefore, the City’s own brake mechanics conceded that the garbage truck driver’s story was a mechanical impossibility.

Today, the Westchester Supreme Court agreed and found the City and its driver one hundred percent negligent for the accident. Our Westchester truck accident attorneys will continue to protect victims of car accidents and truck accidents including those in the towns of Yonkers, Harrison, Ossining, Briarcliff Manor, Peekskill, Port Chester, Pelham, Scarsdale, Tarrytown, Greenburgh, Elmsford and Rye.

 
The Law Offices of Michael H. Joseph