Legal Question in Personal Injury in New York

Yes, you absolutely can sue the vehicle owner and operator of the commercial vehicle. First you have 30 days to file for no-fault benefits in order to start to get the ball rolling. We specialize in these types of incidents. Give us a call at 516-742-9420.

Sounds like you may have a case based upon the facts you gave. However, keep in mind that liability in a rear end accident is usually imputed on the second car - you. There are exceptions. Call me if you want to discuss this further. 516-622-0428

Thank you for your inquiry. Having vast experience with automobile accidents I can tell you that you have a somewhat difficult case. Under the law there is a presumption when one car strikes another from behind that the driver of the vehicle in the rear is responsible for the accident. One of the exceptions, though, is when the driver in front makes a sudden and unexplained stop. It sounds like you may have a case, but that will likely come down to a "he said, she said" case. Of course, if the other driver states that he or she stopped for no reason, the case becomes a much easier case. It will also depend on whether or not there were witnesses to the accident. As far as it being a commercial vehicle, that may or may not be a viable theory of liability. In any event, if a jury were to find the driver negligent, the employer would automatically be responsible for the driver's negligence regardless of whether or not the other vehicle was permitted to be on the roadway. I would be happy to meet with you and provide you with a free, no obligation, in person consultation in my office so that we can discuss further details of your case. If you would like to meet with us you can reach us at 212-962-1031.

Patricia Martin-Gibbons

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