June 24, 2011 (Press-News.org) It's a story that no parent likes to hear, but that many have heard in one form or another. Junior borrows the car and gets into an accident. It may be that he ran the car into a mailbox or it could be more serious. In the case of injury-causing accidents, who is liable for those injuries? Sixteen-year-old Junior? His parents? The registered car owner?
Generally under New York Vehicle and Traffic Law, when someone gets into a car accident while driving with the owner's consent, the owner can be held liable for the driver's negligence. This means that if parents give their child permission to use their car, then they can be held liable for any damages as a result of an accident.
The intent behind this law is that car owners have to maintain adequate car insurance so they -- and their insurance company -- are in the best position to financially handle property damages and medical expenses following an accident.
What Is Permission?
But the matter of liability gets a bit trickier when it comes to defining what exactly permission is. Case law in New York has found that a parent can be held liable even when he or she did not give express permission to the driver. In Rodak v. Longnecker, a father let his son take the car with him to college, and his son let a friend drive the car. When the friend got into an accident, the father was found vicariously liable for the accident, on the presumption that permission to drive the car passed down the chain from father to son to friend.
If the parent or car owner can establish that the vehicle was, in effect, stolen by the child, then the owner may not be liable. A separate section of New York Vehicle and Traffic Law allows for the owner of a stolen vehicle to be held liable for injuries if the car was stolen because the keys were left in the ignition while the car was in a place accessible by the general public. But if the car was in a private place, such as parked outside a residence, and the child took it without permission, then it could be seen as stolen and the parent-owner may be found not liable for damages in the event of an accident.
Keep in mind that handing over the car keys to your children could result in liability for any injuries they cause to themselves and others. Make sure that your auto insurance is up to date, and if you have questions about potential liability or what kind of insurance coverage you should have, talk to a personal injury attorney in your area.
Article provided by Trolman, Glaser & Lichtman, P.C.
Visit us at www.tgllaw.com
Who Is Liable When Your Child Gets Into an Accident in New York With Your Car?
When your child or a friend borrows your car in New York and gets into an accident, who is responsible for the damages?
2011-06-24
ELSE PRESS RELEASES FROM THIS DATE:
Pennsylvania Gas Drilling Blamed For Extensive Water Contamination
2011-06-24
A new report from Duke University suggests that natural gas drilling operations in the Marcellus Shale region could be responsible for polluting nearby sources of drinking water. Although industry insiders insist that further study is required before jumping to conclusions, for those who live close to drilling sites, stepped-up governmental oversight could not come too soon.
Extracting Natural Gas
The Marcellus Shale is a black shale formation rich in natural gas deposits: scientists estimate it contains some 168 trillion to 516 trillion cubic feet of natural gas. ...
Penn physicists observe 'campfire effect' in blinking nanorod semiconductors
2011-06-24
PHILADELPHIA — When semiconductor nanorods are exposed to light, they blink in a seemingly random pattern. By clustering nanorods together, physicists at the University of Pennsylvania have shown that their combined "on" time is increased dramatically providing new insight into this mysterious blinking behavior.
The research was conducted by associate professor Marija Drndic's group, including graduate student Siying Wang and postdoctorial fellows Claudia Querner and Tali Dadosh, all of the Department of Physics and Astronomy in Penn's School of Arts and Sciences. They ...
City Worker Crushed to Death When Truck Driving Co-Worker Accidentally Backed Over Him
2011-06-24
According to the New York Daily News, a New York City highway worker was killed in a truck accident that involved a Department of Transportation vehicle.
Errol Wilson, a 59-year old veteran employee of the New York Department of Transportation, was killed when a co-worker accidentally backed over him with a giant Mack Truck. Wilson was crushed to death by the truck while directing the driver during construction in Queens, New York. The driver reportedly lost sight of Wilson.
The NYPD is investigating the cause of the fatal truck accident and New York auto accident ...
Large numbers of birth defects seen near mountaintop mining operations
2011-06-24
SPOKANE, Wash.—Birth defects are significantly more common in areas of mountaintop coal mining and are on the rise as the practice becomes more common, according to a study by researchers at Washington State University and West Virginia University.
The researchers, led by Melissa Ahern, health economist and associate professor in WSU's College of Pharmacy, found 235 birth defects per 10,000 births where mountaintop mining is most common in four central Appalachian states. That's nearly twice the rate of 144 defects per 10,000 in non-mining areas.
Previous studies have ...
Breaking the chain: 'Molecular cap' blocks processes that lead to Alzheimer's, HIV
2011-06-24
A new advance by UCLA biochemists has brought scientists one step closer to developing treatments that could delay the onset of Alzheimer's disease and prevent the sexual transmission of HIV.
The researchers report that they have designed molecular inhibitors that target specific proteins associated with Alzheimer's disease and HIV to prevent them from forming amyloid fibers, the elongated chains of interlocking proteins that play a key role in more than two dozen degenerative and often fatal diseases.
"By studying the structures of two key proteins that form amyloids, ...
Researchers suggest new way of looking at what causes sepsis
2011-06-24
TORONTO, Ont., June 22, 2011 – Researchers at St. Michael's Hospital have put forward a new theory as to what causes sepsis, an often fatal condition that occurs when infection spreads throughout the body.
Leaking blood vessels may actually be a cause of sepsis, rather than a symptom as previously thought, said Dr. Warren Lee.
Dr Lee's hypothesis and a review of recent research on sepsis were published today in the journal Science Translational Medicine.
Sepsis kills about 1,400 people a day worldwide and is the second-leading cause of death in intensive care units ...
In search of the memory molecule, a key protein complex discovered
2011-06-24
Have a tough time remembering where you put your keys, learning a new language or recalling names at a cocktail party? New research from the Lisman Laboratory at Brandeis University points to a molecule that is central to the process by which memories are stored in the brain. A paper published in the June 22 issue of the Journal of Neuroscience describes the new findings.
The brain is composed of neurons that communicate with each other through structures called synapses, the contact point between neurons. Synapses convey electrical signals from the "sender" neuron to ...
In motor learning, it's actions, not intentions, that count
2011-06-24
Cambridge, Mass. – June 23, 2011 – Albert Einstein defined insanity as "doing the same thing over and over again and expecting different results." Practicing the same task repetitively, though, tends to be the default procedure when trying to learn a new motor skill.
A study led by Maurice Smith and colleagues at the Harvard School of Engineering and Applied Sciences (SEAS) suggests that simple task repetition may not be the most efficient way for the brain to learn a new move.
Their results, published in PLoS Computational Biology, demonstrate "motion-referenced learning." ...
Freight Elevator Falls 3 Floors, New York Personal Injury Lawyer Says Elevator Accidents More Common Than People Think
2011-06-24
A freight elevator malfunctioned and crashed into a basement in Chelsea, according to the New York Post. Four people were seriously hurt and ten others suffered minor injuries in the New York elevator accident.
"Although not as common as construction accidents or auto accidents, elevator accidents resulting in injury or death happen more often than people think," New York personal injury lawyer David Perecman said.
As reported, the elevator suddenly plunged three floors shortly before 7 a.m. It was carrying 24 men, all construction workers.
The elevator ...
Construction Accidents in New York
2011-06-24
Overall spending on construction in New York declined by 12 percent last year, according to a study released by the New York Building Congress and reviewed by New York construction accident lawyer David Perecman.
In the same period of time, the number of construction jobs dropped more than 15 percent.
As construction work has slowed, so have the number of construction site deaths and injuries. There was a 28% decrease in construction-related accidents in New York City in 2010 compared to 2009, reported the city Buildings Department. New York construction accident ...
LAST 30 PRESS RELEASES:
High-speed all-optical neural networks empowered spatiotemporal mode multiplexing
High-energy-density barocaloric material could enable smaller, lighter solid-state cooling devices
Progresses on damped wave equations: Multi-wave Stability from partially degenerate flux
First discoveries from new Subaru Telescope program
Ultrafast laser shock straining in chiral chain 2D materials: Mold topology‑controlled anisotropic deformation
Socially aware AI helps autonomous vehicles weave through crowds without collisions
KAIST unveils cause of performance degradation in electric vehicle high-nickel batteries: "added with good intentions
New ECU tool can help concussion patients manage fear and improve recovery
People with diabetes face higher risk of sudden cardiac death
Breast density notification increases levels of confusion and anxiousness among women
K’gari’s world famous lakes could be at risk of drying
Airplane and hospital air is cleaner than you might think
Concern over harmful medical advice from social media influencers
Telling women as part of mammography screening that they have dense breasts may have unintended effects
Note- taking alone or combined with large language models helps students understand and remember better than large language models alone
Astronomers spot one of the largest spinning structures ever found in the Universe
Retinal organoid platform identifies biomarkers and affords genetic testing for retinal disease
New roadmap reveals how everyday chemicals and microbes interact to fuel antimicrobial resistance
Scientists clarify how much metal in soil is “too much” for people and the environment
Breakthrough pediatric kidney therapy emerges from U. Iowa research
Breakthrough iron-based magnetic material achieves major reduction in core loss
New design tackles heat challenges in high-power fiber lasers
Rapid fabrication of self-propelled, steerable magnetic microcatheters for precision medicine
Poor kidney health linked to higher levels of Alzheimer’s biomarkers in blood
A metamaterial that bridges air and water
Evaluating building materials for climate impact and noise suppression
Scores of dinosaurs walked and swam along a Bolivian shoreline
Captive bottlenose dolphins vary vocalizations during enrichment activities
Adults who want children favor older-looking partners (but not for their money), study suggests
Authoritative parenting styles are associated with better mental health and self-esteem among adolescents, while authoritarian parenting styles are associated with depression and lower self-esteem and
[Press-News.org] Who Is Liable When Your Child Gets Into an Accident in New York With Your Car?When your child or a friend borrows your car in New York and gets into an accident, who is responsible for the damages?