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Category: Car Accidents

September 4, 2017
Wrong Way Crashes In Westchester

By Michael H. Joseph

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New York and in particular Westchester, have seen a series of wrong way crashes this year. A driver heading in the wrong direction on the   Hutchinson River Parkway in Scarsdale, was killed in a head-on crash Sunday over Labor Day weekend. In addition to the driver of the vehicle which went the wrong way, the driver  of the vehicle which was crashed into also suffered a wrongful death and a passenger in the vehicle was transported for emergency surgery to Westchester Medical Center.  This was one of several wrong way incidents on Westchester’s highways. While several others involving off duty… Read More

January 21, 2017
Attention To Detail Leads To Summary Judgment

By Michael H. Joseph

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In a recent case, our White Plains Lawyer, Michael Joseph won a summary judgment motion for a client who backed out of a parking spot and was hit by another vehicle. Summary judgment is used to expedite a case when there is no dispute as to the important facts of the case. When there are no issues of fact, it can be determined which party is entitled to judgment without having to proceed to trial. Michael Joseph is considered to be one of the most experienced car accident lawyers in Westchester and has won numerous summary judgment decisions in favor… Read More

January 30, 2015
Justice For Manhattan Pedestrian Hit By Taxi

By Michael H. Joseph

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Our Manhattan car accident lawyers won a major victory last month in the New York County Supreme Court for a pedestrian who was hit by a taxi while crossing the street. Based upon motion papers alone, our lawyers won summary judgment, which means that the Judge agreed that the taxi driver was one hundred percent at fault and that a trial to determine who was at fault was not necessary. Under New York Civil Procedure Law and Rules section 3212(b) summary Judgment must be granted where there is no defense to the cause of action or that the defense has… Read More

October 9, 2014
Car Accident News In The New York City Area With Personal Injury Analysis

By Michael H. Joseph

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Our Manhattan personal injury attorneys continue to monitor recent news and provide up-to-date legal analysis pertaining to claims and potential law suits arising from personal injuries. One of New York’s most recognizable sightings are its yellow cabs, but a few recent accidents serve as a reminder that the legendary icons are as much a danger as any other vehicle on the road. On September 28 of this year a pedestrian was struck by a cab around 1 a.m., as the 26-year-old was trying to cross Pelham Parkway at White Plains Road in the Bronx. The cab driver stopped the car… Read More

January 7, 2014
The Wardrobe Failure Defense Works

By Michael H. Joseph

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Our New York City car accident lawyers keep up to date with the various developments on the law involving car accidents. In an extremely unusual application of the emergency situation defense, a Rockland County jury found that a driver who experienced a wardrobe malfunction was not responsible for a fatal accident which occurred when she took her hands off the steering wheel, while speeding and caused a fatality. In a stranger twist, the Second Department Appellate Division, which has grown more and more conservative over the years, actually affirmed the verdict. Our White Plains car accident lawyers have seen many… Read More

September 28, 2013
Insurance Company Representatives Sink To New Lows

By Michael H. Joseph

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Insurance company adjusters continue to sink to new lows, to try to cheat injured Plaintiffs out of their rightful recoveries. From calling injured car accident victims and telling them they have no lawsuit and are not injured enough to sue to other lowball tactics, there are no lows to which insurance adjusters will not sink. Our White Plains car accident lawyers have seen all of the tricks,which these adjuster use. Recently a Brooklyn Supreme Court judge sanctioned an insurance company $10,000 after one of its adjusters initiated contact in the courtroom with a plaintiff in a personal injury lawsuit while… Read More

August 31, 2013
Admissibility Of Immigration Status In New York Personal Injury Trials

By Michael H. Joseph

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In a recent case, our White Plains car accident lawyer, Michael Joseph obtained a jury verdict of $750,000 for an undocumented immigrant in Westchester Supreme Court. By knowledge of the recent developments in the law in New York concerning the admissibility of immigration status, our Westchester car accident attorney successfully obtained an order precluding the defendants from even asking the injured Plaintiff what his immigration status was. Our White Plains personal injury lawyers frequently represent undocumented immigrants in car and truck accidents, construction accidents, medical malpractice and slip and falls, civil rights violations, among others. With Westchester’s large illegal immigrant… Read More

March 11, 2013
New York Rules Of The Road Impose Liability On Negligent Drivers

By Michael H. Joseph

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New York’s rules of the road are powerful weapons that set firm standards for cars, trucks, motorcycles and buses that operate on New York’s roads. Our New York car accident attorneys have represented thousands of people who sustain serious personal injuries in car accidents. Our White Plains car accident attorneys have extensive experience in analyzing the rules of the road. In car accidents where motorists collide at intersections or while changing lanes the careless driver often blames the driver who was simply driving straight and minding their own business. New York Courts recognize that a driver who has the right… Read More

October 16, 2012
New York Car Accidents And Biomechanical Experts

By Michael H. Joseph

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Our White Plains car accident lawyers are seeing more and more slimy and underhanded techniques being used by insurance companies to try and cheat injured car accident victims in New York out of their rightful awards. The latest of these tactics involves using crooked experts including both defense doctors and supposed biomechanical engineers to offer opinions that the mechanics of the accident are incapable of causing the type of traumatic injuries which the car or truck accident victim sustained. Other hack engineers or quack doctors have tried to testify that pictures of car accident damage or repair bills show such… Read More

September 1, 2012
New York’s Serious Injury Law And The 90 Out Of 180 Day Rule

By Michael H. Joseph

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New York car accident lawyer Michael Joseph had another impressive win in the Queens Supreme Court on the serious injury law issue. Nowadays many less experienced and less savvy personal injury lawyers are avoiding car accident cases where there is no fracture. However, out New York City and Westchester personal injury lawyers are continuing to win these cases. New York’s law will not let anyone injured in a car accident or hit by a car to recover any money for pain and suffering unless they have suffered a serious injury as defined by New York law. The definition of serious… Read More

 
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