Motion for Summary Judgement – a Lawyer’s Tool to decide the issue of “fault”

If you were involved in an automobile accident, the New York State courts have made some decisions that clearly favor drivers in certain situations.

For example, the Second Department Appellate Division (which is the appellate court for Staten Island, Brooklyn, Queens, Nassau, and Suffolk Counties) has decided in many cases that a driver that strikes the rear of a vehicle that is stopped is 100% responsible for the accident “as a matter of law.”  Also, where it is undisputed that a pedestrian is struck by a car while walking in a crosswalk, then the driver is 100% responsible for the accident. Other examples (although not consistently decided) include drivers who pass STOP signs and drivers who make left turns in front of other vehicles.

If you were a victim of such a car accident, an experienced lawyer will know how to make an application to the Court to decide these matters in your favor. It is done by a “Motion for Summary Judgement” and it may force the other side to resolve your case sooner.

Your best option is to speak to an accident lawyer who specializes in Personal Injury and has years of experience.  Please contact me, Charles DeStefano, and I will discuss the plan to help you in your Automobile Accident case.

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