Articles Posted in Motor Vehicle Accidents

Let’s say you get into a car accident in New York State and it was the other guy’s fault. But when the police officer shows up and “investigates” he determines it was your fault. And he says so in his accident report. You sue the at-fault driver for your injuries. Can the cop’s police report come into evidence against you? Can the cop testify it was your fault?

The answer generally is, no and no. Why not? The conclusions in his report that it was your fault are “hearsay”. Further, it’s for the jury to determine whose fault it was based on the evidence. Letting the cop testify about whose fault it was would unduly influence the jury. The cop can testify only about the evidence he found at the scene, for example skid marks, the damage to the cars. He can also generally testify about what the PARTIES said to him, but not about what non-party witnesses said to him. That would be hearsay, too. Those witnesses must be brought into court to tell the jury what they saw and must be subject to cross-examination. The cop can’t tell the jury what they said because then the right of the parties to cross-examine those witnesses would be lost.

Some of these concepts were explored in the recent case of Watch v. Gertsen. In that case, the cop determined, after talking to the participants in the accident, that two motorcyclists who collided into the back of a car were at fault for following too closely. In the personal injury trial, the trial judge let the cop testify about his conclusions in the report. The jury’s verdict aligned with the cop’s conclusions. But the appellate court reversed, finding that it was error to allow the police officer to testify about fault from the accident report. And rightly so. What good is a jury trial if a cop is allowed to say whose fault it was? That’s the job of the jury, not the cop.

I just read about a spectacular rollover crash on Interstate 690 in Geddes, NY (near Syracuse) a few hours ago. Fortunately, there were only minor injuries.

I don’t usually blog about local accidents, but I did want to make folks aware that – even though the heavy snow we have been getting is partially to blame for this kind of car accident, New York car accident lawyers routinely bring these kinds of claims successfully against the drivers of the out-of-control vehicles. Yes, insurance defense lawyers often raise the “act of God” defense to weather related accidents. But that defense usually works only where the driver is totally blameless, which is hardly ever the case.

Always remember that you, as the driver, have an absolute duty to your passengers and to other motorists or pedestrians to KEEP CONTROL OF YOUR VEHICLE. Usually, “the road was real icy” or “I hit a snowy patch” are not valid excuses in Court. The only exception usually is where there was no ice or snow anywhere on the roadway before you hit a patch. If you already know there is snow and ice on some areas of the roadway, you have a duty to drive at a speed and in a manner that allows you to control your car even given those conditions.

If you haven’t heard about the massive airbag recall, you probably don’t need to worry about it because you are living under a rock. As long as you stay down there, and don’t jump into a car, you’re fine.

But for the rest of our readers, we’ve got some news you can use: You may want to switch out your airbags for new ones. The airbags may have the dangerous shrapnel-shooting parts from Japanese manufacturerTakata.

By the way, recent evidence shows that Takata “saw and hid risk in airbags in 2004“. Sound familiar? (hint: think tobacco).

I sometimes tell people that safe driving would drive me out of business. As a New York car accident lawyer, someone’s negligent driving puts bread on my table. Now isn’t that just sick?

Sure it is, which is why I am perfectly prepared to move into another line of work should motor vehicle accidents ever become a thing of the past. I’m tired of seeing good people get crushed and mangled, or worse, in avoidable accidents. I am tired of seeing my clients pay the price of someone else’s negligence.

And, believe it or not, car accidents most likely WILL become a thing of the past someday soon. By the end of the decade, the typical American vehicle will be navigating as part of a network, constantly sharing information as it travels via transmitters. Your car will have a brain, and one that doesn’t get distracted like human brains. Your car’s brain will monitor your blind spots and warn you when you start to veer out of your lane. Sophisticated sensors, lasers and cameras will scan the road like electronic eyes.

I came upon some surprising statistics recently: Just as motor vehicle travel is getting safer (for those inside the vehicles), walking is getting more dangerous because motor vehicles are striking and killing more and more pedestrians.

Just look at the statistics: 22 percent fewer traffic fatalities from 2003 to 2012, while pedestrian fatalities have been climbing steadily since 2010. In 2012 alone, the pedestrian fatalities were up 6 percent from the year before. A motor vehicle kills a pedestrian every two hours and injures one every seven minutes, according to the National Highway Traffic and Safety Administration (“NHTSA”). Fourteen percent of all road fatalities are pedestrians. There are 4,000 to 5,000 pedestrian fatalities per year in the U.S.

Why are pedestrian fatalities up while motor vehicle fatalities are down? No clear answer out there. But I have a theory (are you listening NHTSA?)

I published these motorcycle safety rules in our Spring Newsletter, but it can’t hurt to publish them again here on my blog site. These are general motorcycle safety suggestions. My next post will give safety tips for riding in heavy traffic.

1. PROTECT YOUR MOST IMPORTANT ORGAN!

Your brain, of course! Looking cool is important (just ask any 14-year old!) but those skull cap helmets won’t protect your brain when your head gets dashed against the pavement. Wear a properly certified helmet and your chances of surviving a crash

I was glad to read yesterday in the Finger Lakes Times that more than 600 Canandaigua Academy students who attended the Distractive Driving Fair there signed a pledge to never text and drive. As a New York car accident lawyer representing victims of text-and-drive accidents, I can tell you that nothing has increased my case load more than the recent “text-and-drive” habits of the young. And as the father of a 17-year old driver, nothing is more frightening to me than this trend. Any parent whose kid has a smart phone can tell you how damn addicting those things are. Kids want to be constantly connected to their buddies through those devices. BUT BEHIND THE WHEEL IS AN UNACCEPTABLE PLACE TO STAY CONNECTED. Thanks Canandaigua youth for pledging not to tread down that dangerous path . . .

Please read some of my other distracted driving blog posts linked here:

New York State Troopers’ New Anti-Texting-While-Driving Weapon.