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Proving Negligence Where it was Possible for a Driver to Stop

To claim compensation for damages and injuries due to a car accident in New York, you may need to file a lawsuit. The other driver who is the defendant will try to present to the court that he was not negligent, since it was not possible for him to stop to avoid the crash. Suppose you are taking a left turn and your car is hit by another vehicle going straight. Even if you were taking an improper left turn, the other driver should have come to a stop in time. The defendant driver on the other hand claims that it was not possible for him to stop in time to avoid the crash.

Who is at Fault for the Accident?

The other driver who was travelling straight should have seen you trying to take a left turn, should have slowed down, and he should have had enough time to step on the brakes to avoid the impact with your vehicle. However, when the other driver is claiming he did not have a chance, and there was no way he could have stopped his vehicle in time, your lawyer can question him to find out the facts.

Right Questions to Ask at the Deposition

Before the trial, your lawyer will get a chance to ask the other driver questions at the deposition. This is a question and answer session taking place under oath, and whatever is said by the defendant during this session can be presented during trail as evidence. For proving the negligence of the other driver, your lawyer will have to focus on three important aspects of speed, time, and distance, since they are critical in any motor vehicle accident case. During questioning, the other driver reveals that when he saw your car taking the left turn, he was 50 yards from your car. Your lawyer will then ask him, how fast he was travelling when he saw your car 50 yards away. Suppose the driver says that he was travelling at 30 miles per hour, your lawyer should ask, how long did it take, from the time he saw your car until the time of impact. Now the driver will say that it took only a few seconds, as he has previously said that it was not possible for him to stop in time.

Arriving at the Facts by a Simple Calculation

The other driver has revealed the speed, distance, and time. These three important components can be put into a simple mathematical formula to see what he is claiming is true or inconsistent. If he was 50 yards away and travelling at 30 mph, the calculations will indicate that he would have sufficient time to come to a stop. This would suggest that he was not travelling at 30 mph but at a much higher speed and therefore could not come to a stop. Therefore, calculating the speed, time, and distance is crucial for verifying the truthfulness of the defendant’s statements, and proving negligence.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
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Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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