Legal Question in Personal Injury in New York

Although this is not a Tort Question and rather a criminal law question, I will attempt to answer this with my knowledge of tort law. If the negligent party was convicted for a vehicular or criminal violation for the same facts that are in your civil suit, that evidence would be admissible in your civil trial. The major question in most automobile cases is not liability it is whether your damages meet the requirements of Insurance Law 5102(d). This law severely limits the recovery for accident victims. If you would like to discuss your case and determine whether your damages are sufficient to bring a lawsuit, please contact my office.

Thanks.

-Jason Kessler

Not likely. You don't say how many miles over the speed limit the driver was allegedly moving, but the scenario presented does not seem to lend itself to criminal prosecution. There may be a negligence based lawsuit, if the passenger's injuries are "serious" under the definition provided by law. If so, the insurance carrier will step in and defend. Best, M. E. Zuller