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Home  /  Archives for Motor Vehicle Accidents

Motor Vehicle Accidents

Case Study: The “Serious Injury” Threshold

by Law Offices of Thomas L. Gallivan, PLLC 30 Oct2014

Lonnie Gates was rear ended by a truck owned by Sears, Roebuck and Co. and driven by Gene H. Longden. Under New York State’s no-fault insurance rule, a person injured in an automobile accident may recover for medical bills and other economic damages from the insurance company covering the vehicle they are riding in, or are hit by, regardless […]

Posted in: Personal Injury Law, Bodily Injury, Motor Vehicle Accidents

Syracuse Police Officer Who Ran Red Light Without Stopping Liable for Injuries To Other Driver

by Law Offices of Thomas L. Gallivan, PLLC 29 Oct2014

In Ruiz v Cope, the Appellate Division, Fourth Department affirmed a decision by the Supreme Court of Onondaga County to award a man money damages after a non-jury trial against a police officer, Brendan Cope, the Syracuse Police Department, and the county. At the time of the accident Cope was being field trained under a […]

Posted in: Personal Injury Law, Bodily Injury, Motor Vehicle Accidents

Appellate Department Upholds Right of Plaintiff to Impeach Doctor Based Upon 1099 Records

by Law Offices of Thomas L. Gallivan, PLLC 29 Oct2014

In Dominicci v Ford, an appeal to the Appellate Division, Fourth Department from a July 3, 2014 decision by the Supreme Court of Monroe County, the appellate court affirmed the lower courts decision to deny a request from State Farm Automobile Insurance Company to quash a subpoena for records belonging to a doctor working for […]

Posted in: Personal Injury Law, Miscellaneous, Motor Vehicle Accidents

8 Tips for Avoiding a Nighttime Auto Accident

by Law Offices of Thomas L. Gallivan, PLLC 01 Oct2014

Studies show there are increased incidents of auto accidents during than during the day. Nighttime driving can be more than annoying. For some drivers it can also be dangerous. Low-light conditions lead to decreased depth perception, ability to distinguish color, and worsening of peripheral vision. Additionally, people tend to be more tired at night. From bad vision […]

Posted in: Personal Injury Law, Motor Vehicle Accidents

Elderly Driver in Diabetic Shock Crashes into White Plains Gas Station

by Law Offices of Thomas L. Gallivan, PLLC 10 Jul2014

A 69-year-old driver who was in diabetic shock crashed his vehicle into a gas station off of the Hutchinson River Parkway in White Plains in June 2014. The elderly man, who was incoherent at the time of the accident, was pulled from his burning car by an off-duty state trooper before it was engulfed in flames. The […]

Posted in: Personal Injury Law, Motor Vehicle Accidents

NY Cardiologist Charged with DWI after Car Crash Kills Mother of Three

by Law Offices of Thomas L. Gallivan, PLLC 23 Jun2014

Thomas Stavola, a 54-year-old cardiologist, was arrested and charged with a DWI in June 2014 after he crashed into a vehicle driven by Monica Peterman, a 45-year-old mother of three. Peterman was taken by ambulance to St. Catherine of Siena Medical Center, where she was pronounced dead. Stavola was taken to Stony Brook University Hospital where he was […]

Posted in: Personal Injury Law, DWI/Criminal, Motor Vehicle Accidents

Federal Report: Motor Vehicle Crashes Cost U.S. Economy $871 Billion Per Year

by Law Offices of Thomas L. Gallivan, PLLC 09 Jun2014

According to a May 2014 report released by the National Highway Traffic Safety Administration (NHTSA), automobile crashes cost the U.S. economy $871 billion in 2010. The costs include lost productivity, property damage, and medical and rehabilitation care. The economic impact also includes court and legal costs, emergency services costs as well as costs associated to insurance premiums. […]

Posted in: Personal Injury Law, Motor Vehicle Accidents

Self-Driving Cars Raise Safety and Legal Questions

by Law Offices of Thomas L. Gallivan, PLLC 09 Jun2014

In May 2014, Google introduced its first prototype of a self-driving car. The vehicle doesn’t contain a steering wheel, brake, or accelerator petal. Occupants of the car simply enter their destination into a computer and then hit a button to be driven to their destination. The vehicle is directed by multiple sensors and cameras linked […]

Posted in: Personal Injury Law, Motor Vehicle Accidents

Crash Avoidance Technologies Can Prevent Crashes or Mitigate Injuries Caused by Car Accidents

by Law Offices of Thomas L. Gallivan, PLLC 22 Apr2014

According to a study conducted by the Insurance Institute for Highway Safety, if all passenger vehicles were equipped with front crash prevention, lane departure warning, blind spot detection and adaptive headlight systems, one in three fatal crashes could be avoided and one in five crashes resulting in an injury could be prevented or mitigated. While […]

Posted in: Motor Vehicle Accidents, Personal Injury Law, Traffic Accidents

Chappaqua Teen Found to Have Been Texting During Fatal Crash

by Law Offices of Thomas L. Gallivan, PLLC 03 Jun2013

A New Windsor, NY judge has ruled that a teen was texting while driving, leading to a fatal accident that killed his nineteen year old friend, reports USA Today. The driver, also nineteen from Chappaqua, NY, claimed that he had fallen asleep at the wheel. The decedent’s family subpoenaed phone records from the driver during […]

Posted in: Motor Vehicle Accidents, Personal Injury Law, Traffic Accidents

Second Department Affirms Plaintiff’s Summary Judgment in Nassau County Car Accident Action

by Law Offices of Thomas L. Gallivan, PLLC 19 Nov2012

On November 14, 2012, the Supreme Court Appellate Division, Second Department, affirmed the Supreme Court’s finding of summary judgment for the plaintiff in an automobile collision action from Nassau County. The facts surrounding the case are simple. The plaintiff’s vehicle was stopped when it was struck from behind by the defendant’s vehicle. Quoting Volpe v. […]

Posted in: Miscellaneous, Motor Vehicle Accidents, Personal Injury Law

Homicide Charges Dismissed in Long Island DWI Case

by Law Offices of Thomas L. Gallivan, PLLC 14 Aug2012

A Suffolk County judge has dismissed all charges that had been pending against a teenager in Long Island following a crash that led to the death of a passenger in his car. The accident occurred in the Hamptons last year, and was at first suspected to be a DWI. The DWI charge was dropped when […]

Posted in: DWI/Criminal, Motor Vehicle Accidents, Personal Injury Law

Notice of Claim Against New York City in Bronx Zoo Crash

by Law Offices of Thomas L. Gallivan, PLLC 25 Jul2012

In April of this year, a minivan carrying a family jumped a barrier on the Bronx River Parkway and plummeted over the side, into the Bronx Zoo. Seven family members were killed in the crash, leaving behind mourning loved ones. The husband of one of the victims of this crash has filed a notice of […]

Posted in: Motor Vehicle Accidents, Personal Injury Law, Wrongful Death

Supreme Court, Appellate Division Upholds Depraved Indifference Murder Conviction Stemming From Car Accident

by Law Offices of Thomas L. Gallivan, PLLC 07 Nov2011

Earlier this month, a Brooklyn appellate panel upheld the murder conviction of Franklin McPherson. McPherson was convicted of second degree murder after driving the wrong way for approximately five miles on the Southern State Parkway in October of 2007, eventually striking another car and killing its driver. Defense counsel argued that because McPherson had been […]

Posted in: DWI/Criminal, Motor Vehicle Accidents, Personal Injury Law

Brooklyn Jury Awards $36M to Boy Hit by Speeding Motorist

by Law Offices of Thomas L. Gallivan, PLLC 04 Oct2011

In May, a Brooklyn jury awarded over $36,000,000.00 in damages in a case involving a 12 year old boy on a bicycle struck by a speeding motorist. The victim sustained fractures of the skull and ankle, as well as brain damage after being struck by the defendant, who, according to investigators, was driving 24 mph […]

Posted in: Motor Vehicle Accidents, Personal Injury Law, Traffic Accidents

“Chopped” Contestant, Debra Whiting Dies Following Upstate Car Accident

by Law Offices of Thomas L. Gallivan, PLLC 05 Jul2011

Debra Whiting, the co-owner of an upstate New York winery, has died after a car accident on the New York State Thruway near Montezuma, NY. Her husband was reportedly driving the vehicle at the time of the accident. State Troopers reported that 47-year-old David Whiting of Hector was moving into the passing lane when his […]

Posted in: Motor Vehicle Accidents, Personal Injury Law

Long Road to Recovery for Victims of Brain Injuries

by Law Offices of Thomas L. Gallivan, PLLC 24 Jan2011

After the recent tragic events in Arizona, and as U.S. Representative Gabrielle Giffords’ continues on her road to recovery, the media and the general public have an increased focus on brain injuries and medical advances that can lead to recovery from their neurological trauma. As accused gunman Jared Loughner awaits the next phase of his […]

Posted in: Personal Injury Law, Motor Vehicle Accidents

New York State Police Seeking Witnesses in Fatal DWI

by Law Offices of Thomas L. Gallivan, PLLC 24 Dec2010

New York State Police are seeking witnesses in a fatal DWI crash that left Daniel Macalena dead early Saturday morning. According to State Police Investigator Matt Manza, Macalena, of Wappinger’s Falls, had stopped his vehicle in the center lane of the Sprain Brook Parkway just south of the Jackson Avenue exit when he was struck […]

Posted in: DWI/Criminal, Motor Vehicle Accidents, Personal Injury Law

White Plains Motor Vehicle Accident Attorney Report: Recent Decision Regarding Involving “Serious Injury” Threshold

by Law Offices of Thomas L. Gallivan, PLLC 07 Sep2010

In a recent decision, the New York State Appellate Division, Second Department held that in a motor vehicle accident, disc bulges and decreased range of motion constitute a “serious injury” under Insurance Law Section 5102. The affirmation of plaintiff’s treating physician submitted to the court was based on a recent exam, as well as examinations […]

Posted in: Bodily Injury, Motor Vehicle Accidents, Personal Injury Law

New York City Police Motorcycles Involved In Accident While Escorting Vice President Biden

by Law Offices of Thomas L. Gallivan, PLLC 28 Aug2010

On August 4, 2010, two New York City police officers on motorcycles acting as escorts for Vice President Joseph R. Biden Jr. were involved in a minor accident. The Vice President was on his way to JFK Airport. Mr. Biden’s vehicle was not involved, and no officers were seriously injured. The Vice President was in […]

Posted in: Motor Vehicle Accidents, Personal Injury Law

New York Motor Vehicle Accident Attorney Report: Man Paralyzed In Hit And Run Recovers $40.8M

by Law Offices of Thomas L. Gallivan, PLLC 22 Jul2010

A Brooklyn (NYC) jury recently awarded nearly $41 million to a man who is paralyzed as a result of a hit-and-run car accident. Plaintiff, 49 year-old Matthew Falcone Jr., was injured while crossing a Brooklyn intersection in 2006 . Falcone claimed that he was struck by a pickup truck driven by Franklin Williams. Williams did […]

Posted in: Motor Vehicle Accidents, Traffic Accidents

New York Car Accident Attorney Report: $10 Million Verdict For 80 Year-Old Female

by Law Offices of Thomas L. Gallivan, PLLC 04 Jun2010

A Brooklyn (NYC) jury returned a $10 million verdict in favor of an 80 year-old female, Josephine Pantano, who sustained a fractured neck and a fractured leg in a motor vehicle accident in May 2007. Both plaintiff and defendant motorist contended that the other ran a red light causing the collision. The jury sided with […]

Posted in: Bodily Injury, Miscellaneous, Motor Vehicle Accidents, Personal Injury Law

Rye Police Officer Injured In Motor Vehicle Accident

by Law Offices of Thomas L. Gallivan, PLLC 01 Jun2010

According to a May 12, 2010 Journal News report by Leslie Korngold, a Rye Police Officer, Angelina Santo, was injured in a car accident when her cruiser was stopped at a red light at the intersection of Boston Post Road and Purdy Avenue. Officer Santo was reportedly struck from behind by a Lexus RX330 SUV […]

Posted in: Bodily Injury, Motor Vehicle Accidents, Personal Injury Law

New City, NY Trucking Accident Leaves Three Seriously Injured

by Law Offices of Thomas L. Gallivan, PLLC 12 Apr2010

Three members of a Spring Valley, New York family were seriously injured in a trucking accident on Route 304 in New City, NY at the corner of Johnsons Lane on April 8, 2010. The trucking accident occurred at approximately 3 p.m. Both the driver, a forty-five year-old woman and her husband were seriously injured in […]

Posted in: Motor Vehicle Accidents, Personal Injury Law

Two Westchester County Residents Charged With DWI After Unrelated Accidents

by Law Offices of Thomas L. Gallivan, PLLC 29 Mar2010

Two Westchester County, NY residents were charged with Driving While Intoxicated (DWI) after their involvement in unrelated accidents. Debra Heyde, a 49 year-old Yorktown woman, was charged with misdemeanor Driving While Intoxicated (DWI) on March 6, 2010 after her car struck a utility pole on Greenwood Street. She was also charged with various traffic violations. […]

Posted in: DWI/Criminal, Motor Vehicle Accidents, Personal Injury Law

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" Last year I was injured in an accident, and for the first time, needed the advice of an attorney regarding how to proceed. I was referred to Thomas Gallivan through a family member who is a lawyer in Massachusetts. I am beyond pleased with how Thomas handled my case. He was knowledgeable, professional, and although the case was not as straightforward as some, he used every resource to ensure a positive outcome. Thomas communicated with me regularly and I felt completely informed and confident in his ability. He expertly negotiated a fair settlement that I was very happy with. The entire experience was extremely positive, during a stressful time for me. Thank you Thomas. "

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" Attorney Thomas Gallivan is a wonderful attorney!! I particularly liked his professionalism, consistency, always kept us updated on the case, and available upon request. He worked extremely hard and was persistent on getting the best settlement in a timely matter. I truly appreciated his prompt responsiveness to emails and phone calls. The office staff was very pleasant and made sure to get messages to him asap. Glad we chose this law firm, would highly recommend and in the event that we ever need an attorney again, Gallivan & Gallivan would be my primary choice. "

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" I was a passenger on a motorcycle and ended up falling off the back of the bike due to the driver acting like an idiot. I fell off at a high rate of speed and was very banged up. Fractured wrist and road rash down my back and elbows. I am lucky I didnt die. Not knowing what to do I contacted Thomas and he could not have been anymore helpful!! He went out of his way to meet with me. He actually came to my house for the initial consultation. I know nothing about law or what my options even were. He took me through everything step by step. "

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