Articles Posted in Distracted Driving

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The action for damages stems from personal injuries allegedly sustained by plaintiffs as a result of a pedestrian knockdown/automobile accident with defendants which at Albany Avenue, Amityville, County of Suffolk, State of New York. At the time of the accident, plaintiff Mariano Lopez was a pedestrian and defendant Ronnell Davis (“Davis”) was the operator of a 2009 Dodge Charger that was owned by rental a company, defendant ELRAC. Defendant Davis’ girlfriend had rented the vehicle from defendant ELRAC.

A Suffolk Lawyer said that, plaintiff alleged that at the time of the accident, he was a school security guard, and was struck by the front of defendants’ automobile when it was in the driveway in front of the school where he was working. It is alleged that defendants’ vehicle entered the school driveway to drop off a child and was unable to back out of said one-way driveway due to a school bus pulling behind it. Plaintiff contend that, when defendants’ vehicle was moving forward after being blocked by the school bus, it struck him in the area of his right knee, causing him to fall onto the hood of defendants’ vehicle. Defendant Davis argues that his vehicle never struck plaintiff and that the only contact between plaintiff and defendants’ vehicle was when plaintiff placed his hands on said vehicle to prevent defendant Davis from moving the vehicle any further.

As a result of the collision, plaintiff claims that he sustained the following injuries: Lumbar radiculopathy; Cervical radiculopathy; MRI of the lumbosacral spine reveals subligamentous posterior disc herniations at L4/L5 and at L5/S1 impinging on the anterior aspect of the spinal canal and on the neural foramina bilaterally; Right hip sprain; Right knee medial meniscus tear; Surgical recommendation for right knee arthroscopy; Lumbar spine lumbago;Lumbar spine HNP; EMG/NCV testing to the lower extremities revealed right S1 radiculopathy; MRI of the right knee revealed: synovial effusion knee joint, lateral patellar tilt and lateral patellar subluxation with patellofemoral chondromalacia spurring and narrowing lateral patellofemoral joint compartment, medial femorotibial joint compartment narrowing with chondromalacia, strain medical collateral ligament and motion artifact noted. Knee Chondromalacia; Knee internal derangement; Right joint effusion.

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On 18 to 19 October 2007, at around midnight, the defendant went to the Island Rock nightclub in Hempstead with his girlfriend, a friend of his girlfriend and another individual. After drinking alcohol at the nightclub, the defendant and the other individual left and went to a nearby parking lot. At that time, the defendant did not appear intoxicated. According to the girlfriend’s friend, the defendant stated in the parking lot that he lost his shit, presumably referring to drugs, and the defendant became upset. The defendant went into the trunk of his car and searched for something. The defendant then began arguing with his girlfriend. At approximately 3:15 A.M., several witnesses heard gunshots, but no one reported having seen the defendant fire a gun. The defendant then angrily ordered the girlfriend’s friend to leave with his girlfriend, which they did, driving the defendant’s girlfriend home. The defendant and the other individual then entered the defendant’s vehicle, with the defendant driving. When police officers arrived at the parking lot only minutes later, at about 3:20 A.M., the defendant had left, and the officers recovered several 9–millimeter shell casings in the parking lot. At approximately 3:30 A.M., the defendant’s vehicle was seen traveling west in the eastbound lanes of the Southern State Parkway at a speed of 70 to 75 miles per hour. According to numerous witnesses, the defendant’s vehicle traveled in the wrong direction from about exit 19 to exit 13, a distance of approximately five miles. A witness observed the defendant driving directly at him while changing lanes. That witness had to immediately pull his vehicle onto the shoulder to avoid a collision. This long Island witness saw that the defendant continued driving the wrong way, and the witness observed the other vehicles on the parkway split apart in order to get away from the defendant. The witness testified that the defendant was steadily going, not braking, nothing; that he was just going; that he was speeding. Meanwhile, another witness, a Police Sergeant was also driving in the proper direction in the left eastbound lane of the parkway. As the Sergeant passed exit 14, he observed the defendant’s vehicle driving towards him at a very high rate of speed, which caused the Sergeant to violently turn his steering wheel to the right to avoid a collision. The defendant’s car came within inches of the Sergeant’s vehicle. According to the Sergeant, the defendant made absolutely no effort to get out of the way. Near exit 13, the defendant’s vehicle, without ever having slowed down, collided with the victim’s vehicle, killing the victim instantly and incinerating the victim’s vehicle. When emergency services and police arrived on the scene and attempted to remove the defendant from his damaged vehicle, the defendant was agitated and his breath emitted a strong odor of alcohol. Following the defendant’s arrest, a blood sample taken from him at 4:49 A.M., just over an hour after the motor vehicle accident, indicated that his blood alcohol content (hereinafter BAC) was 0.19%. After the defendant was removed from his vehicle, the police began conducting an inventory search of the vehicle. The discovery of several 9–millimeter rounds in the trunk, however, transformed the search from inventory to investigatory, during which the police recovered a 9–millimeter semiautomatic pistol, what was later determined to be .395 grams of cocaine (cocaine possession) beneath the front passenger seat, and 41 rounds of 9–millimeter bullets contained in a partially loaded magazine and a box in the trunk. The gun recovered from the defendant’s vehicle matched the shell casings found in the parking lot near the nightclub.

Consequently, the defendant was arrested and charged. On 16 September 2008, the County Court, Nassau County, found him guilty of murder in the second degree, vehicular manslaughter in the first degree, aggravated driving while intoxicated or DWI, operating a motor vehicle while under the influence of alcohol, criminal possession of a weapon in the second degree, and criminal possession of a controlled substance in the seventh degree.

The defendant filed an omnibus motion to suppress physical evidence which was denied by the court. The defendant then appeals from the said decision of the court.

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The above entitled action stems from personal injuries allegedly sustained by plaintiff as a result of which occurred.

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On 16 May 2008, at approximately 1:20 p.m. when plaintiffs’ vehicle was exiting Northern State Parkway to Route 110 in Melville, County of Suffolk, State of New York, an automobile accidentwith defendant occurred. Plaintiff was operating a 2003 Lincoln Town Car which was owned by his employer while defendant was the owner and operator of a 2001 Chevrolet. Allegedly, the automobile that was being driven by plaintiff was struck in the rear by the automobile being driven by defendant. Defendant claims that the impact was heavy and caused his glasses to fly off and his body to move back and forth inside the vehicle despite the fact that he was seat belted. As a result of the accident, plaintiff claims that he sustained several injuries, including a spinal injury.

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This action arises from a motor vehicle accidentwhich occurred in the eastbound lanes of the Long Island Expressway, approximately 150 feet west of Powells Lane (between Exits 39 and 40) in the Village of Old Westbury County of Nassau, State of New York. The car accident involved two vehicles, a 2007 Mercedes Benz 350 Convertible owned and operated by plaintiff and a 2007 BMW owned and operated by defendant. Plaintiff commenced the action by the filing and service of a Summons and Verified Complaint.

A Lawyer said that, it is plaintiff’s contention that the car accident occurred when, while driving in “stop and go Friday afternoon traffic,” her vehicle was slowing down to stop in said traffic and was struck from behind by defendant’s vehicle. Plaintiff asserts that the impact to the rear of her vehicle was very heavy and as a result of said impact, her vehicle flew into the car in front of her vehicle. The vehicle in front of plaintiff’s vehicle then hit another vehicle that was in front of it.

Plaintiff claims that defendant was the negligent party in that he failed to maintain a safe distance behind plaintiff’s vehicle, as well as failed his duty to exercise reasonable care under the circumstances to avoid the car accident. Plaintiff additionally claims that defendant cannot come up with a non-negligent explanation for striking plaintiff’s vehicle in the rear, nor any conduct that would constitute any comparative negligence on plaintiff’s part.

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On 3 September 2008, on South Oyster Bay Road, at or near its intersection with Ontario Avenue, Plainview, County of Nassau and State of New York, a motor vehicle accident occurred. As a result, a negligence action was brought to recover damages for the personal injury allegedly sustained by plaintiff. It is alleged that the County, its agents, servants or employees, were negligent, reckless and careless when they permitted a defective, unsafe and dangerous condition to exist and in failing to provide proper signage or sufficient warning to motorists with regard to an approaching lane closure, causing plaintiff to swerve to avoid the closed-off lane and hit a vehicle in on-coming traffic. Plaintiff and the County stipulated to include another defendant who performs the tree maintenance adjacent to highways as well.

Both defendants move for summary judgment dismissing plaintiff’s complaint on the grounds that plaintiff’s own culpable conduct and negligence was a substantial cause of the events that produced her injuries.

The Ruling:

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The cause of action is for personal injuries sustained by the plaintiff in a motor vehicle accident that occurred in front of 980 Madison Avenue in New York County when the taxi in which she was a passenger struck another vehicle. Plaintiff’s face came into contact with the divider between the rear seat and front seat inside the vehicle.

Defendants move for the dismissal of plaintiff’s compliant on the ground that she has not sustained a serious injury as defined under Insurance Law.

A witness said, that the injuries alleged to have been sustained by the plaintiff as listed in her bill of particulars, include, a two centimeter laceration below her nose which has left a permanent scar, cervical strain, upper thoracic strain, headaches, “ADHD-like symptoms; generalized anxiety disorder; depression.” In support of their motion, defendants annex a copy of plaintiff’s deposition testimony. In addition, defendants submit the affirmed report of Robert D. Goldstein, M.D., a plastic and reconstructive surgeon who examined the plaintiff Dr. Goldstein reports shows that there is a 1.5 cm transversely oriented scar in the upper lip. This scar is of good cosmetic quality and does not show any evidence of hypertrophy or keloid formation.

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Choices of law cases are one of the most confusing scenarios that in turn are capable of creating legal imperfections that even courts at times, find hard to fix. Our source claims that sometimes, the very law that was created to protect the innocent is also the same one that produces unlikely results to injured persons who otherwise should have been protected if not for the confusing nature of these kinds of laws. Although the country is divided into several states that have different policies on choices of law cases, they must deliver the fairest results in cases to protect all those who the most need coverage and defense. This next case is about conflicting laws of different states and how an innocent victim can get sidestepped because of confusion from conflicting laws.

In October 1964, three Michigan State University students decided to go on a trip in a Japanese sports car owned by Marcia Lopez. The sports car was a gift from his father and was registered and insured under her name in New York City. Susan Silk invited Marcia Lopez to visit her home in Michigan for the break when another passenger, Catharina Tooker, asked to hitch a ride with her classmates to visit some of her friends near the area where they were going. The three were taking academic courses in the university where they also stayed and lived in one dormitory. While driving in Michigan, Ms. Lopez lost control of the vehicle which caused it to overturn and killed her and Ms. Tooker. Ms. Silk sustained serious injuries from the car accident. Ms. Lopez and Ms. Tooker were both from New York. According to our sources, when an accident that involves persons of different domiciles, usually, the choice of law is determined by “lex loci delicti” or to apply the laws of the place wherever the tort happened.

The father of one of the injured passengers, Oliver Tooker, Plaintiff, moved for an action of wrongful death against the father of the driver, Myer Lopez, the Defendant in a New York City Court. The Defendant then insisted that he had no liability over the death of the other’s daughter by issuing the Michigan guest statute as an affirmative defense, or plainly, to prevent the Plaintiff from being entitled to claims. To be able to determine which law must be upheld, several cases were cited and used as reference to establish the choice-of-law, and whether it is fair to use the doctrine of “lex loci delicti”. Under these governing rules, it was clear that although the accident happened in Michigan, since the driver of the car and one of the passengers lived in New York, the laws of the State should be implemented. Under New York laws, the injured person, in this case the deceased, is entitled to claim damages from the deceased driver defendant, in this case as represented by her father from accidents arising from guest-host relationship, whereas the Michigan guest statute does not permit an injured guest for recovering damages from a host driver under normal circumstances. The driver will only be liable if he or she committed gross negligence and willful misconduct.

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The cause of action is for personal injuries sustained by the plaintiff in a motor vehicle accident that occurred in front of 980 Madison Avenue in New York County when the taxi in which she was a passenger struck another vehicle. Plaintiff’s face came into contact with the divider between the rear seat and front seat inside the vehicle.

Defendants move for the dismissal of plaintiff’s compliant on the ground that she has not sustained a serious injury as defined under Insurance Law.

A Lawyer said, that the injuries alleged to have been sustained by the plaintiff as listed in her bill of particulars, include, a two centimeter laceration below her nose which has left a permanent scar, cervical strain, upper thoracic strain, headaches, “ADHD-like symptoms; generalized anxiety disorder; depression.” In support of their motion, defendants annex a copy of plaintiff’s deposition testimony. In addition, defendants submit the affirmed report of Robert D. Goldstein, M.D., a plastic and reconstructive surgeon who examined the plaintiff Dr. Goldstein reports shows that there is a 1.5 cm transversely oriented scar in the upper lip. This scar is of good cosmetic quality and does not show any evidence of hypertrophy or keloid formation.

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Several cars were involved in recent multicar accident Staten Island which started after a flatbed truck collided with another vehicle. The chain reaction continued and eventually eight cars were involved in the pileup. In total, five vehicles, many with multiple passengers inside, were damaged in the incident, states a witness.

The car accident started near a construction side which may or may not have been the cause of slowing traffic at the time of the event. The truck driver was unable to slow down quickly enough to avoid hitting the vehicle immediately in front of him. The truck’s stopping time was longer than usual because there was sand on the portion of the road where the accident took place.

The midday accident might have been worse if it had happened during rush hour when more cars would have been on the road. Of the eleven people who were spread amongst the five vehicles, only three escaped without any noticeable injuries; the other eight people were sent to hospitals to receive treatment for a wide variety of minor injuries. At least one of the people involved in the accident was a toddler, who was properly placed in his car seat at the time of the incident.

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During a recent musical tour the brother of Aasdesh Shrivastava, a famous composer, was killed when there was a crash during a convoy as the tour moved between cities. The brother was working as a manager for a renowned Pakistani singer. The brother was riding a vehicle directly behind the performer’s the when the incident took place. The headline singer escaped unharmed.

While the group traveled between events, the driver of the lead vehicle an SUV, lost control of the vehicle and rolled the car several times. SUVs tend to be top heavy and are more prone to toppling over or rolling than smaller cars which are lower to the ground, explains an expert .

It is unknown, pending further investigation by the police, what caused the driver to be distracted at that moment. Unfortunately, when driving an SUV, a momentary distraction that causes a vehicle to go off course followed by a sudden correction when the driver realizes their error can often lead to these types of accidents.

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