Motorcycle Accident Attorneys Overturn Defense Verdict
Drivers have a duty to exercise “reasonable care” under the circumstances. This includes a duty to see what could be seen through the proper use of their senses. Earlier this year, the Appellate Division of the Supreme Court set aside a defense verdict where the trial evidence established that the defendant driver violated these long-standing rules.
This case involved the all too common situation where the defendant driver turned left in front of the plaintiff motorcyclist. The jury returned a verdict finding that defendant was not negligent, and the trial court denied plaintiff’s motion to set aside the verdict as contrary to the weight of the evidence. The Appellate Division reversed the decision of the trial court and granted the injured motorcyclist a new trial.
The trial court instructed the jury that the defendant driver had a common-law duty to see that which he should have seen through the proper use of his senses. In reversing the trial court, the Appellate Division made the following determination:
The evidence undisputedly established that the area of the accident did not have any obstructions and that defendant had a clear line of sight of oncoming traffic. Inasmuch as defendant admitted at trial that he never saw plaintiff or his motorcycle prior to the accident, we conclude that the finding that defendant was not negligent could not have been reached on any fair interpretation of the evidence.
[Cramer v. Schruefer, 179 A.D.3d 1463 (4th Dep’t 2020)].
Motorcycle crashes often result in catastrophic injuries. Often this is the result of the other driver making a left turn in front of a motorcyclist that the driver fails to see before it is too late. If you are injured in a motorcycle accident, our motorcycle accident attorneys can work with you to get you the compensation you deserve.
This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.
McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979. With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.
We represent a diverse range of clients located throughout New York State and New England. They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts. For more information, please contact us at 585.546.2500.