Under New York law, drivers have a duty to be on the lookout for pedestrians. It is unfortunately not uncommon for a motorist to carelessly fail to uphold this duty and strike a pedestrian, however. Drivers that negligently collide with pedestrians can be held civilly liable, but they will often attempt to avoid fault. As shown in a recent opinion issued by a New York court, though, a defendant attempting to deny liability faces a high burden of proof. If you suffered harm due to a crash caused by a reckless driver, it is wise to talk to a Rochester personal injury attorney about what damages you may be owed.
Factual History of the Case
It is alleged that the plaintiff suffered injuries when she was hit by a car driven by the defendant when crossing a roadway. Five months later, she commenced a lawsuit against the defendant, in which she sought compensation for her losses. The sole count in her complaint was a negligence claim. Following discovery, the defendant moved for summary judgment. The court denied the defendant’s motion, and he appealed.
Grounds for Granting Summary Judgment in Car Crash Cases
On appeal, the court upheld the trial court’s ruling. The court clarified that a defendant that asks for summary judgment in their favor in a negligence action bears the burden of establishing that the evidence, on its face, demonstrates that they were not at fault in the occurrence of the subject accident. Continue reading