Deadly Valhalla Crash Highlights Metro-North’s Safety History

Although we tend to associate deadly accidents with cars, trucks, and other small passenger vehicles, recent events in Westchester County remind us of the horrific disasters that can occur when such vehicles collide with commercial trains. During the evening commute of February 3rd, a northbound Metro-North train collided with a

Does Incorporating Always Protect My Personal Assets?

A key reason you might form a corporation or limited liability company (LLC) is to protect your personal assets from any business debts. Under New York law a corporation or LLC is treated as a separate “person” from its owners. In general, that means a debt owed by the business

Am I Responsible for My Student-Driver’s Accident?

Parents worry when their children receive their learner’s permit and begin driving on the road. But, what exactly is your liability when a student-driver is in an accident in your car? A New York appellate court recently addressed such a situation. Mejia v. Kennedy There are two related lawsuits at

Protecting Trade Secrets and Other Business Information

All businesses have information they wish to keep confidential. Such “trade secrets” are often critical to a company’s success. To protect such information, companies often require key employees to sign confidentiality agreements. Therefore if an employee leaves and proceeds to divulge trade secrets to a competitor, the company can bring

Understanding Factual Disputes In a Personal Injury Case

Many personal injury lawsuits are resolved at the summary judgment stage. This means there are no genuine factual disputes that require a jury’s resolution. New York courts use summary judgment to quickly dispense with cases where there is only one logical outcome under the law. But summary judgment is not

What Is a Personal Injury Claim Really Worth?

People often incorrectly assume a personal injury lawsuit is an easy ticket to multi-million dollar damage awards. The reality is not quite so lucrative. Courts do not arbitrarily award damages. Nor are all damages the same. Judges and juries must follow certain guidelines in determining the type and amount of

How “Accident Rings” Cost Insurers and Drive Up Premiums

New York’s “no-fault” insurance law was designed to quickly compensate auto accident victims for their legitimate medical expenses and related costs. As the name implies, “no-fault” benefits do not require a showing that any party to the accident was legally liable. New York law requires no-fault insurance carriers to pay

What Happens When a Wrongful Death Victim Can’t Speak for Herself?

When a motor vehicle accident results in the victim’s death, his or her heirs may attempt to recover damages through a wrongful death lawsuit against the negligent parties. New York courts treat such cases differently than those where the victim survived. In a 1948 decision, New York’s Court of Appeals

Plaintiff Loses Over Expert’s Failure to Refute Defendants’ Expert

New York’s “No-Fault Law” makes it difficult for automobile accident victims to bring a case against reckless or negligent drivers. Before a plaintiff can even present a case to a jury, he or she must satisfy a judge there is a “serious injury” caused by the accident. Defense lawyers commonly