Car, Truck & Motorcycle Accidents
For over forty years (40) the lawyers at Jaroslawicz & Jaros have successfully brought many motor vehicle negligence cases involving serious injuries suffered by drivers, passengers or pedestrians which were caused by various types of motor vehicles, including cars, trucks, buses, motorcycles, forklifts, snowmobiles and all other types of motorized vehicles. The firm of Jaroslawicz & Jaros has litigated these cases at all levels of both the State and Federal courts for injuries caused by negligence during the use of motor vehicles.
Once the firm of Jaroslawicz & Jaros agrees to handle a case it will take that case both through the trial level as well as all appeals that may be necessary. For example Jaroslawicz & Jaros wrote the brief and argued before the highest court in the State of New York, the New York Court of Appeals that helped define and develop the law in the case of Flynn v. Manhattan & Bronx Surface Transit Operating Authority, Court of Appeals of New York, 61 N.Y.2d 769; 461 N.E.2d 291; 473 N.Y.S.2d 154. The court found that the injured party had established a prima facie case of negligence against the bus owner in a personal injury action and that there was evidence from which the jury could have concluded that the bus owner was negligent in failing to equip the bus with side mirror.
Jaroslawicz & Jaros was successful in settling a case for $1.2 million dollars, on behalf of a young lady who was injured by a tractor trailer, in the case of Kruger v. Salem Leasing Corp., 90 CV 0049, United States District Court for the Eastern District of New York of New York, December 30, 1991, Decided, January 14, 1992, Filed. The court found that summary judgment was precluded in a personal injury action because a genuine issue was raised as to whether the tractor-trailer driver acted reasonably when he drove the tractor-trailer knowing that the throttle spring had not been replaced.
Some recent representative motor vehicle negligence cases involving serious injuries that the firm of Jaroslawicz & Jaros has obtained substantial recoveries for in the past include:
- $6 million verdict for a young man who suffered a leg injury when the car he was a passenger in lost control and hit a tree.
- $2.9 million settlement for a young woman who suffered injuries when her car turned over in a car accident.
- $2.85 million verdict for a woman that injured her neck and back in a car accident.
- $2.7 million settlement for a young man who sustained a head injury in a car accident.
- $2, 05 verdict in motor-vehicle accident for a fractured leg and multiple surgeries.
- $2 million settlement for a woman that injured her neck and back in a car accident.
- $1.2 million settlement for a young woman who suffered head injuries while standing waiting to cross the street and was struck by a truck.
- $1.2 million settlement for the estate of a motorcycle driver who was fatally injured in an intersection collision with a private ambulance that was responding to a call.
- $1.2 million settlement for a young man who suffered a leg injury in an accident while riding his motorcycle.
- $950,000 settlement for a 51-year-old woman whose arm was fractured in a collision.
- $4.75 million settlement for a woman who was struck by a car while crossing the street and suffered a head injury.
- $1.5 million settlement for a man who suffered leg injuries when he was hit by a falling tree branch.
- $1.5 million settlement for a man who was hit by a bus while crossing the street and suffered an ankle injury.
- $800,000 million settlement for a man who was injured when he was hit by a box that fell off of a truck.
You should be aware that if you are injured in a motor vehicle accident you have two different sets of rights: You have a right to receive no-fault payments for your medical bills and lost earnings and a separate right to sue for your pain and suffering if you have suffered a serious or permanent injury. For more information on your rights under the New York No Fault law see the complete article written by Abraham Jaros of Jaroslawicz & Jaros entitled “Automobile No-Fault Law in New York”.
The reason it is called “No-Fault” is because it does not matter even if you are 100% at fault when you are hurt in a car accident; it does not matter if you are the driver or passenger in an automobile, or if you are a pedestrian. So long as you are injured by a motor vehicle in New York, and if it is not a motorcycle and you are not drunk or on illegal drugs, you are entitled to receive No-Fault benefits.
However, in New York if you wish to recover for your pain and suffering you may only do so if you have suffered a serious or permanent injury as it is defined by New York’s No Fault statute.
Each case is fact specific so that how much you recover depends on three (3) factors: 1) What is the total amount of insurance coverage available? How much insurance does the other car have? Is there what is called “Underinsurance” on your insurance policy? 2) What is the liability? Which means who was at fault for the accident? And, 3) The extent of your injuries. How badly were you hurt and is it considered to be permanent?
All of these factors have to be taken into account and considered and dealt with by your attorney in trying to maximize your recovery. That is why this type of personal injury litigation often requires that multiple experts be retained to properly support the case, including experts to prove liability, who would be persons with expertise in fields such as accident reconstruction, as well as doctors such as orthopedists, neurologists, radiologists, pain management and rehabilitation experts who can explain the extent and severity of the injuries to the court and jury.
If you are injured in a motor vehicle accident and think you may have a case it is therefore important for you to retain a law firm that has the experience in the field as well as the financial ability to retain the proper experts to both consult with and to testify on your behalf should your case proceed to trial.
If you or a loved one has had a car, truck, bus or any other motor vehicle related accident that has resulted in a serious physical injury and are in need of legal assistance call Jaroslawicz & Jaros at 212-227-2780, or toll free in New York 1-800-269-2780, or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call to ensure that you do not waive your right to compensation. Or you can email email@example.com.