Legal Question in Personal Injury in New York
Assault and Battery
If Person A, a New York resident, is exceeding the sped limit while driving on a New York highway and she hits and totally destroys Person B, a California resident, car :
is Person A guilty of Negligence and Battery?
2 Answers from Attorneys
Re: Assault and Battery
In New York, speeding is EVIDENCE of negligence, not negligence "as a matter of law." What that means is that if this ended up going to trial, you would not automatically win. While, the allegation/evidence that the other driver was speeding is evidence supporting a finding of negligence, the other driver has a chance to rebut that allegation/evidence.
As far as whether it is battery "AND" negligence... it is battery only if you can prove that the contact between the cars was intentionally caused by the other driver. Most likely you have been presented with a negligence scenario, which contrary to common belief is usually better because of underlying insurance issues.
To discuss these issues further please call me for a free consultation.
Sincerely,
Andrew R. Frisch, Esq.
David H. Perecman & Associates, PLLC
250 West 57th Street, Suite 1613
New York, New York 10107
P: (877)NYC.LAW.2002
F: (212)977-7035
Email: [email protected]
Re: Assault and Battery
Negligence is unintentional, battery is intentional. They are mutually exclusive.
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