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Category: This Weeks Accident News and The Law

April 28, 2018
Court of Appeals Removes Hurdle for Tort Plaintiffs to Gain Summary Judgment

By Michael H. Joseph

The New York Court of Appeals removed a major hurdle for Plaintiffs in personal injury and accident cases from winning summary judgment Summary Judgment is a procedure where the Court can decide factual issues as a matter of law. Plaintiffs  can submit proofs to the Court and the Court decides whether the Plainitff has proven that the defendant was negligent. Also a defendant can submit proofs to the Court and the Court can decide that the Plaintiff cannot prove a case. Up until this recent decision, the rule was that a Plaintiff could not win summary judgment if they could… Read More

March 7, 2018
New York Court of Appeals Issues Decision on Discovery of Social Media

By Michael H. Joseph

With the advent of social media sites such as facebook, linked in, instagram and others, people often post pictures of themselves engaged in various activities. For several  years now, our New York City personal injury lawyers have fought attempts by defendants to get access to our client’s personal social media accounts, which we believe is an invasion of privacy. In Forman v. Henkins, the New York Court of Appeals defined when defendants can have access to a person’s private social media account and what they are entitled to. Disclosure in civil actions is generally governed by CPLR 3101(a), which  says that… Read More

February 6, 2017
Personal Injury Update- February, 2017

By Michael H. Joseph

The first week of February has proven to be a deadly week, with a number of tragic car accidents in the Bronx. Our New York City wrongful death and car accident lawyers know all to well how dramatically a car accident can affect someone’s life. An off-duty New York City Police Officer suffered an unfortunate wrongful death in a car accident in the Bronx this week. The passenger in the vehicle,who was a housing officer, also suffered serious personal injuries. The officer’s car flipped over and then caught fire in a traffic circle in the Pelham Bay section of the… Read More

October 16, 2016
The October 2016 Update

By Michael H. Joseph

Our New York City car accident attorneys stay up on the current events to which the law applies and which involve the application of personal injury law in New York. This week a driver who caused a multi car accident on the major deegan in the Bronx, was arrested for aggravated unlicensed operation of a motor vehicle. The driver who was driving with a suspended license. Our car accident lawyers know all too well that when irresponsible drivers get behind the wheel, it can seriously affect the lives of others. In this case, five people were hospitalized following the accident.… Read More

June 28, 2015
June 2015 Recap

By Michael H. Joseph

A car accident fatality occurred this morning when a Bronx man was killed in a multi-vehicle accident. The decedent attempted to drive between a vehicles which was stopped for a red light, and another=, which was parked at the corner. All too often careless driving can have tragic results. In this case, the accident was the decedent’s fault, but our New York City wrongful death lawyers know all too well the price an innocent victim can pay because of another’s carelessness. In another tragic accident, a retired New York City police officer died in a fiery crash yesterday in Long… Read More

June 6, 2015
This week’s Accident Law Review- June, 2015

By Michael H. Joseph

A significant amount of property damage was caused to a local Mount Vernon business yesterday. – The driver of a van, who was speeding on West Lincoln Avenue, lost control and slammed into a Mount Vernon laundromat yesterday. New York’s vehicle traffic law requires that drivers maintain a reasonable speed under the circumstances. A failure to abide by this law is negligence. Certainly the driver is liable and their insurance company will have to compensate the property owner. In another twist of fate, a driver of a motor vehicle suffered a fatality after he lost control of his vehicle in… Read More

January 10, 2015
Accident Law Recapfor January 2015

By Michael H. Joseph

The first two weeks of January proved to be a hazardous beginning of the new year, especially on Westchester;s Saw Mill Parkway. First, last Friday, a Westchester County police officer was struck by a car on the Yonkers section of the Saw Mill River Parkway while rescuing a teenager who was walking on the parkway’s shoulder. While the officer was attempting to get the kid off of the parkway, when a truck lost control and hit the officer. Again this week in Mount Kisco, there was a serious car accident on the Saw Mill Parkway which resulted in a seventeen… Read More

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

By Michael H. Joseph

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

September 10, 2014
Early September, 2013 Review

By Michael H. Joseph

The first couple of weeks of September saw many accidents in the first two weeks of September, 2014 throughout Westchester and New York City. Our White Plains personal injury lawyers and Manhattan accident lawyers continue to provide legal analysis on legal issues that affect the citizens of New York. Yet another truck, this time an army truck, hit the East Third Street bridge in Mount Vernon on the Hutchinson Parkway. This accident was obviously caused by the truck’s negligent operation in being on the Parkway in the first place. Trucks are not allowed on Parkways in the State of New… Read More

August 4, 2014
Clarity On ERISA Liens

By Michael H. Joseph

Since the passage of the Employee Retirement Insurance Security Act which is also known as ERISA and the General Obligations Law § 5-335, which is also known as the New York anti subrogation law, New York personal injury lawyers have been in a state of limbo. Erisa provides a right for certain insurance companies to recoup benefits which they have paid out for the medical expenses, however New York’s anti subrogation law states that a personal injury settlement presumptively does not include any compensation for the cost of health care services or other losses that are obligated to be paid… Read More

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