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As trial lawyers, we know that proving liability is often more than half the battle. Without liability, damages become moot. So, it is welcome when we are presented with a strong liability case. One of the soundest is the “pedestrian knock-down” in a crosswalk. The defendant driver must yield the right of way to the pedestrian in the
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A common accident scenario involves a car pulling out of a parking spot and striking another car while it is driving past. If you represent the driver of the struck car you may be entitled to a finding of liability as a matter of law. Of course, any time you can secure a liability finding in advance of trial through a motion for summary
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Driving While Intoxicated (DWI) is a crime. In NYS, the penalties include the loss of driving privileges, fines, and a possible jail term. Your judgment, coordination and ability to drive a vehicle change when you consume any amount of alcohol. The level of impairment depends on five conditions: the amount of alcohol you drink the amount of
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We often come across cases in which the client was "in the wrong place at the wrong time". Perhaps the most glaring example of poor timing is being present in a location when the police issue a search warrant looking for contraband. Assuming the warrant was not fraudulently obtained, the court has sanctioned the search. If the police find
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Any criminal practitioner in recent years has seen a proliferation of the latest "catch all" predicate police allege for making a car stop: the defendant failed to signal. It is a clever predicate in that, unlike the allegation of mechanical issues such as a broken tail light, it is nearly impossible to disprove. Moreover, in light of the
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