New York Car Accident Lawyer Blog

A well-known Lawyer explains that a man was caught by police trying to run away from his vehicle after causing a car accident. The man crossed the double yellow in the center of the road which caused his car to come into the path of another. This caused a head on collision which left three people with serious symptoms which required hospital treatment.

In a police report which has been obtained by the firm, police explain that the man who has been arrested smelt of alcohol. It is thought that he was drunk and this was the main cause of the accident.

The driver was being charged with leaving the scene of an accident and driving under the influence. The man was also found not to have a valid license, and to be in violation of his probation. There were also no license plates on the vehicle.

The driver was detained by police overnight on a $5,000 bond. He will likely be charged at the Stamford courthouse on Monday morning.

The drunk driver which caused the accident was driving north along West Avenue. The accident occurred because the driver lost control of the vehicle and crossed over the center of the road. This caused the vehicle to strike into a Ford Taurus which was traveling north. The three young children inside this car were injured and required medical treatment.

The crash sent the vehicles spinning off the road. One of them rested in a driveway along the road.

There were several eye witnesses who saw the accident unfold. They said that they saw a man jump out of one of the cars and started to flee the scene. The eye witnesses managed to give police a description of the passenger and driver which escaped. Police extended the search and managed to pick up the driver on Main Street, just one block away from the accident.
The reports from the scene say that the driver smelt of booze and was quite obviously drunk. His speech was also slurred.

The three children which were injured in the accident were transferred to Stamford hospital for treatment. All the injuries were considered to be minor and all are in a stable condition. Police in NYC and Westchester watch for drunk drivers.

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Kathleen Stolarz and her husband were involved in a two-car auto accident caused by a bus on Route 6 in Woodbury, New York. This happened on February 18, 1989. A source found out that the vehicle that they were using was a company car rented by her employer Blue Cross/ Blue Shield. Blue Cross/ Blue Shield is a New Jersey company, and the car is registered in New Jersey. The car was insured by New Jersey Manufacturers Insurance Company. The policy given to Blue Cross/ Blue Shield was set to be consistent with the New Jersey law. Mr. and Mrs. Stolarz often garaged the vehicle at their home in Monroe, New York, which is just a few miles from the New Jersey border.

The insurance company of the other vehicle paid Mrs. Stolarz $20,000, which is the liability limit of the insured’s policy. This was disputed by Allstate Insurance Company, from whom the Stolarz’s got their personal car's insurance from. They based their dispute from the underinsurance coverage of that policy. Mr. and Mrs. Stolarz demanded for arbitration. A source said, Allstate Insurance Company answered by filing for a special proceeding with the Supreme Court. New Jersey Manufacturers Insurance Company also disputed the amount that is payable and joined the proceeding to get a decision as to the obligations of the parties. Allstate Insurance Company settled with Mr. and Mrs. Stolarz and was not part of the appeal anymore.

New Jersey Manufacturers Insurance Company argued that in the insurance policy’s terms and the New Jersey law, they were entitled to offset the $20,000 which was given by the other driver to Mr. and Mrs. Stolarz from the $35,000 limit that was in the policy. Mr. and Mrs. Stolarz, said by a rep, countered this with the New York law offset clauses are void, and they should get the full amount. The court determined that with the conflict between the New Jersey law and New York law in this case, New York law should be the one to be followed with these injuries.

The determination that was applied by the trial court was that in cases where there is a conflict between the laws is based on the parties involved, where the car accident happened and the government’s interest. In this case, the parties that affected lives in New York, the vehicle is normally parked housed in New York, and the accident happened in New York. The State of New York has a bigger interest in getting the issue resolved. According to police, this is normally used for issues regarding jurisdiction. The Court of Appeals decision was to look at where the contract was set and the parties to the contract. In the insurance policy, Mr. and Mrs. Stolarz were not the once who paid for it, nor were they the ones who got it. The insurance was between Blue Cross/ Blue Shield, a New Jersey Company and New Jersey Manufacturers Insurance Company basing it on previous decisions with regard to contracts. They, therefore, concluded that only $15,000 of the $35,000 is due to Mr. and Mrs. Stolarz. Police in Nassau and Westchester took note.

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A bicyclist is in critical condition after being struck by a car which was violating traffic laws last weekend. The biker was following all relevant traffic rules when the motorist struck him with his vehicle after running a red light. The driver of the vehicle has been charged in the case and is currently in police custody.

The driver of the vehicle was under the influence of prescription medication and should not have been operating the vehicle; police have not released what medication the man was on at the time of the accident. He also has a history of traffic violations, explains a report. The majority of his prior incidents were speeding tickets, although driver of the vehicle had ticket a bicyclist approximately 13 years ago.

The first time the man hit a bicyclist, the bicyclist escaped with very few injuries. In this current incident the bicyclist has life threatening injuries and continues to be hospitalized as he attempts to recover from the life threatening injuries.

The man is facing several charges including driving while under the influence and criminal negligence. The charges could be increased to include homicide charges if the bicyclist dies because of his injuries. Exact charges will not be known until the extent and outcome of the bicyclist’s injuries are known.

The driver is eligible for bond although he has not posted bond at the time of this article. Based on his large number of passed traffic incidents, he will have a difficult trial ahead of him if the case is not settled out of court. The driver will assuredly be found liable for the bicyclist’s injuries, medical bills and pain and suffering, reports a source.

The bicyclist was not wearing a helmet at the time of the accident; the lack of helmet undoubtedly caused his injuries to be worse than if he had been wearing a helmet. The local police have used the incident to issue renewed statements emphasizing the importance of bicycling safety, says a source. Groups which promote bicycling statements have echoed the police’s message that bikes and automobiles need to share the road. Car accidents like this one are common in areas like Staten Island and Westchester.

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