Authorities theorize that "speed and a traffic light violation" caused a fatal collision in upstate New York. But right now, they have little evidence to support that theory.
The wreck happened in Stamford, at the intersection of Greyrock Place and Broad Street. A northbound Honda Civic hit a Toyota Rav 4 in the intersection. The force of the collision propelled the Civic onto the sidewalk and into a tree. That vehicle's driver, a 38-year-old Long Island woman, was rushed to a nearby hospital with serious injuries. She succumbed to those injuries about a day later.
The other driver, a 60-year-old Stamford resident, was released from a local hospital after being treated for non-life-threatening injuries
Evidence is critical in civil injury claims. But many vehicle collisions happen so quickly and are so destructive that there is little evidence at the scene.
Unless eyewitnesses are looking at the crash the whole way, they often only hear it. They usually say the collision sounded like an explosion. Furthermore, many car crashes, like the one in the above story, involve multiple collisions, In this case, the Honda Civic hit the Toyota Rav 4, jumped a curb, and hit a tree. It's very difficult to determine, based solely on evidence available at the scene, which crash caused what damage.
On a related note, the police report in such cases is often incomplete or inaccurate. Typically, the victim goes to the hospital and the tortfeasor (negligent driver) remains at the scene. So, emergency responders only hear the tortfeasor's side of the story. People rarely lie in such situations. They are under too much stress. But, we remember things differently.
Since evidence is so important, attorneys cannot simply throw up their hands and quit. Well, they could do that, but the victims would not obtain fair compensation. And that's what it's all about.
So, a New York personal injury attorney can maximize the available evidence or look for additional proof. The best approach usually involves both options.
Maximizing the available evidence usually involves working with an accident reconstruction professional. These individuals know how to take bits of evidence, properly evaluate them, and draw a clar picture for jurors. Picture a jigsaw puzzle with no picture on the box and some pieces missing. Accident reconstruction professionals can put the remaining pieces together from scratch.
Occasionally, emergency responders do much of this work on their own. But that's usually not the case. For example, in the above story, a single agency, the Stamford Collision Analysis and Reconstruction Squad is handling the entire investigation. Stamford, the self-styled "Queen of the Catskills," is a tiny village in upstate New York which has very few resources. These investigators will doubtless do their best. Unfortunately for the deceased victim's survivors, their best is not very good.
If emergency responders drop the ball, an attorney must pick it up and run with it. This time-consuming process is necessary to ensure maximum compensation.
Electronic evidence, which is always unavailable at the scene, often plays a part as well. All vehicles have Event Data Recorders. These on-board computers capture and record operational data like:
The good news is that computers are usually never biased or incorrect. So, the evidence is practically bulletproof in court.
The bad news is that these gadgets are often unavailable. Frequently, the insurance company "accidentally" gets rid of the EDR before a lawyer has a chance to inspect it. So, most attorneys send spoliation letters to insurance companies in these situations. These letters command insurance companies to preserve all potential physical evidence. Additionally, New York has very strict vehicle information privacy laws. So, a New York personal injury attorney must jump through some extra hoops.
If police departments launch extensive investigations, they usually file charges against one driver. Bosses don't want their employees to feel like they put in all that work for nothing. If charges are filed, the negligence per se rule could apply. If a tortfeasor violates a safety law and that violation substantially causes injury, the tortfeasor could be responsible for damages as a matter of law.
These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are also available, in a few extreme car crash cases.
In a negligence per se claim, evidence isn't necessary to establish liability. However, evidence is relevant on the issue of damages. Usually, the more evidence the victim/plaintiff presents, the more money jurors award. That's especially true regarding punitive damages, since the burden of proof is different.
However, due to the issues mentioned above, law enforcement investigations either never happen or are inconclusive. In these situations, victim/plaintiffs may use the ordinary negligence doctrine.
Basically, negligence is a lack of care. Most drivers in New York have a duty of reasonable care. They must drive defensively and, as my grandfather often said, look out for th' other fella. The applicable legal duty is usually a question of law a judge must decide.
Next on our hit parade of negligence, a victim must establish breach of duty. Speeding is one of the most common breaches of duty in New York. The ordinary negligence doctrine could come into play even if the tortfeasor is not legally speeding. The posted speed limit is a presumptively reasonable speed under ideal conditions. As we all know, traffic, weather, and other conditions are very rarely "ideal" in New York.
Cause, the third element in a negligence claim, is a connection between the breach of duty and the damages. Cause is usually straightforward, but there are some exceptions. For example, if the victim wasn't wearing a seat belt, a New York personal injury attorney must prove that the tortfeasor's negligence, as opposed to the failure to wear a seat belt, caused injury.
Finally, damages in a car crash or other negligence claim must be tangible, like personal injuries or property damage. Near misses are not actionable in court. However, as mentioned above, tortfeasors are not just responsible for physical damage replacement. They are also responsible for noneconomic losses. New York law requires damages to put victims in the same position they would have been in, or as near as possible, if the wreck hadn't happened. Money cannot fill the emotional void, especially in a case like a wrongful death. But, money helps.
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced personal injury attorney in New York, contact the Pianko Law Group, PLLC. Virtual, home, and hospital visits are available.