Brittany A. Walston and Darin V. Walston v. Christopher Logan Kantor and Eric W. Pierce

Syracuse, New York personal injury truck wreck lawyer represented the Plaintiffs who sued the Defendants on auto negligence theories.



Navigating New York's auto negligence law can be crucial if you've been involved in a car accident. Here's a breakdown of the key aspects to help you understand your rights and potential legal options:



Duty of care: All drivers in New York have a legal duty to act with reasonable care to avoid foreseeable harm to others. This includes:



Following traffic laws and regulations.

Maintaining a safe speed for the road and weather conditions.

Paying attention to the road and avoiding distractions.

Yielding the right of way to other vehicles and pedestrians.



Breach of duty: To prove negligence, you must demonstrate the other driver breached their duty of care. This could involve actions like:



Speeding, reckless driving, or driving under the influence.

Disobeying traffic signals or signs.

Failing to yield the right of way.

Distracted driving (e.g., texting, eating).

Maintaining a vehicle in unsafe condition (e.g., faulty brakes, worn tires).



Comparative negligence: New York follows a pure comparative negligence system. This means you can still recover damages even if you were partially at fault, but your recoverable damages will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, your recoverable damages will be reduced by 30%.



Damages: If you can prove both breach of duty and negligence, you may be entitled to compensation for your losses, including:



Medical expenses: Costs associated with treating your injuries, including hospital bills, doctor visits, and medications.

Lost wages: Compensation for wages you are unable to earn due to your injuries.

Pain and suffering: Compensation for physical and emotional distress caused by the accident.

Property damage: Repair or replacement costs for your damaged vehicle.



Unique aspects of New York law:



No-fault insurance: New York requires all drivers to carry no-fault insurance, which covers medical expenses regardless of fault, up to a certain limit. However, it may not cover all losses, such as pain and suffering or lost wages.

Threshold for serious injury: To sue for pain and suffering beyond medical expenses, you must meet a "serious injury" threshold. This threshold can be complex and involve factors like lost body function, significant disfigurement, or permanent limitations.

Statute of limitations: You generally have three years from the date of your accident to file a personal injury lawsuit in New York.



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Settled for an undisclosed sum and dismissed with prejudice.