Winning for my clients and making an application for Summary Judgment on the issue of “fault”

Recently one of my clients was injured in an automobile accident as a passenger.  She and the driver (a personal acquaintance) were in the car because the driver was “test driving” the car.  The owner permitted the driver to examine it and drive it for a potential sale of the vehicle.

As they drove in the vehicle, the driver attempted to slow down and the brakes failed.  The driver claims that he was forced to stop the vehicle by crashing into a telephone pole.  My client suffered serious hand and wrist injuries which resulted in surgery.

I started a lawsuit against the  owner of the vehicle and the driver.  The owner was sued because of his failure to properly maintain the vehicle and the drive was sued because of his failure to operate the vehicle in a safe manner, i.e., perhaps he was driving too fast to slow the vehicle down.

In New York State, the law permits judges to decide certain issues when the facts are clear.  The facts (for evidentiary purposes) are derived from testimony or affidavits of the persons who are suing.  When the litigants are deposed (i.e., they tell their version of an accident while under oath), that deposition testimony becomes evidence.  The judge in the case can decide issues prior to trial based on the deposition testimony.  This is done through a “Motion for Summary Judgment.”

My goal is to successfully make the application to  the judge to decide the issue of “fault.” After the depositions, the court reporter will send me a transcript (a typed version of the testimony).  I will make the application to the Court to decide the issue of “fault” and will attach the deposition transcript and I will win the application.

Once the judge decides in favor of my client, I receive a “judgement” in favor of my client.  I will file that judgement in the County Clerk and the clerk will permit my client to receive 9% interest on the award that she receives at the end of her case.

An experienced accident lawyers uses all of the tools that are needed to win for his client.  I have 25+ years of experience in the area of personal injury law and that means that my clients benefit from that experience.

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