Under Vehicle and Traffic Law § 1104, drivers of authorized emergency vehicles engaged in emergency operations enjoy specific privileges. These include the ability to exceed speed limits, proceed past traffic signals and signs, and disregard regulations under certain conditions. However, these privileges come with the obligation to operate the vehicle…
This case involves a collision between a plaintiff’s vehicle and a police vehicle operated by Officer Kelly Rougeux of the Niagara Falls Police Department. The plaintiff sought damages for injuries sustained in the accident, alleging negligence on the part of Officer Rougeux. Vehicle and Traffic Law § 1104 grants certain…
A rear-end accident, often called a rear-end collision, occurs when one vehicle crashes into the back of another vehicle. It’s one of the most common types of car accidents. Typically, the trailing vehicle is at fault for failing to maintain a safe following distance or failing to stop in time…
Salas v. City of New York involves the legal concept of sovereign immunity. The case is particularly relevant to individuals who seek damages from municipal corporations and highlights the importance of understanding the limitations of sovereign immunity. Factual Background The incident in question occurred on November 11, 2011, in…
The Estate of Fuentes v. Town of Islip addresses the issue of the responsibility of municipal corporations to maintain their roadways in a reasonably safe condition for the public. Factual Background The incident in question occurred on February 8, 2007, on Brentwood Road in the Town of Islip. The decedent,…
Brown v. City of New York is a notable case in the field of municipal liability in New York. The case involved a tragic accident in which a young boy was struck and killed by a car while crossing the street in front of his school. The boy’s family filed…
In the case of Vincent v. John Doe #1, the New York Supreme Court, Appellate Division, Second Department, considered the issue of whether a social host who serves alcohol to an intoxicated person can be held liable for injuries caused by that person to a third party. The case has…
In Adames v. Sheepshead Bay Rd. R.R. Co., the New York Court of Appeals addressed the issue of whether a common carrier can be held liable for injuries sustained by a passenger when the passenger voluntarily disembarks from the carrier’s vehicle before reaching their destination. The case is significant because…
Brescia v. G.F. Hämmerle, Inc. highlights the rights of injured individuals to pursue damages beyond the scope of workers’ compensation benefits. New York workers’ compensation is a system designed to provide benefits to employees who are injured or become ill on the job. Under New York law, most employers are…
Pedestrian accidents are a significant public health concern that can cause devastating injuries, permanent disabilities, and fatalities. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian deaths accounted for 17% of all traffic fatalities in the United States in 2019. Despite the increasing awareness and efforts to reduce pedestrian…