If the car was not owned by you and you did not give your late husband permission to operate the vehicle, I see no basis for liability against you personally for this crash. If you are sued, and the auto liability insurance company does not provide a defense to you, you can retain your own private...View More
Based upon the facts as you have described them, you would have the basis for a case. Here in New York, in an automobile crash case, you must prove: 1) that the defendant was negligent; 2) that the negligence of the defendant was a "proximate cause" or a substantial factor in causing the...View More
the lawsuit being filed is not only to represent the adults but every child as well in the vehicle. You couldn't even really tell there had been an accident but now they all have tremendous injuries and are seeking a ridiculous judgment against me. I am not sure what I should do to try to... View More
You need to retain a personal attorney to represent you in to protect your interests. This attorney can attempt to negotiate with the attorneys for the plaintiff, review the medical records of the occupants of the vehicle to determine the seriousness, or lack thereof, of their injuries and file...View More
I was stopped by an undercover after getting off the exit from an expressway. I was told I was speeding. Then he proceeded to give tickets for tinted windows, cellphone, and a speeding ticket. Can I fight this and have all the tickets thrown out?
You can fight the tickets in the Manhattan Traffic Violations Court, but your argument about the status of the officer will fall flat. You could contest whether you were using the cellphone by obtaining prone records from your carrier, and question the accuracy of radar (if that is what was...View More
If you get sued by any of the owners of the three cars that you damaged, your auto insurance company will retain a lawyer to represent you. Realistically, you won't find a lawyer to sue the automobile manufacturer under the theory of product liability unless you were seriously injured in the...View More
Driver and passanger were arguing, passanger asked multiple times to be let out if the vehicle but driver denied. Passanger gerked the wheel causing car to go off road into a grass field; driver then corrected the vehicle but wasn't paying attention and didn't stop the car from crossing... View More
If you are the owner of the vehicle, as the liability is clearly on your car (the other driver doesn't appear from what you describe to have done anything wrong). If you were driving someone else's vehicle with their consent, both you and the owner are responsible under vicarious...View More
Location of occurrence is 5 blocks behind where the cops stopped me. First thing he said after he approached and looked inside, is that a GPS? (My cell phone was tucked between my torso and thigh, i literally have to look down and look at it and then i wouldn't be able to as it is upside down)... View More
You have a chance to fight it as you bring up legitimate evidentiary points which you can cross examine the officer as to how he could have observed the infraction, and the prosecution must prove a case beyond a reasonable doubt. But to answer your question more realistically, my long experience...View More
I am not a legal guardian, etc. just helping out. I've disabled her van to keep her from driving, but she says she is going to ride her wheelchair to town-multiple miles on a state highway. I am worried that if someone else is injured while she does something stupid like that, can I be held liable?
Based upon the facts as you have presented them, I do not see a basis for direct liability, or for what is known as "vicarious liability", such as if you had a child, he used your car with your permission, and injured someone. Thus, I believe that there is no legal responsibility on your...View More
A "Notice of Completion" will be sent to the Department of Motor Vehicles when you successfully complete the program. The DMV will then determine if you are eligible to be reinstated or not. For example, if there was a refusal to take a chemical test, you would have to wait a full year...View More
The officer who asked you to do the HGN should have questioned you about any illnesses, medications, you were taken or conditions which would make it impossible for you to comply with the three parts of the HGN test. He could have performed the other two standardized FST's (walk and turn and...View More
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