Personal Injury Defense Litigation
Vehicle Accidents

Phillips Lytle has an active automobile accident defense practice. We have long-term relationships with a major vehicle leasing corporation and many self-insured companies, for which our attorneys have tried numerous vehicle injury cases. Our automobile accident attorneys are well versed in the New York State Vehicle and Traffic Law, highway safety standards and commercial driving regulations.

Phillips Lytle has been a leader in vehicle accident litigation throughout New York State. Representative matters include:

• Helped to shape New York law concerning the doctrine of permissive use, a requirement of liability under N.Y. Veh. & Traf. Law § 388. See Stevens v. Calspan-Corp., 292 A.D.2d 809 (4th Dep’t 2002).
• Helped to shape New York Law on the relation-back doctrine, as applicable to motor vehicle lessors. See Williams v. Majewski, 291 A.D.2d 816 (4th Dep’t 2002).
• Defended dozens of cases on the basis of New York’s serious injury threshold. See e.g., DiPalma v. Coleman, 10 Misc. 3d 1059A (Sup. Ct. Niagara County 2005).
• Obtained dismissals of dozens of cases based upon the Graves Amendment and its preemption of N.Y. Veh. & Traf. Law § 388 liability.
• Obtained dismissals for a major utility in numerous automobile, truck, bicycle and motorcycle accident cases. See e.g., Mendrykowski v. N.Y. Tel. Co., 2 A.D.3d 1410 (4th Dep’t 2003).
• Defended owners and lessors of vehicles in significant injury cases through trial and/or on appeal. See e.g., Pryce v. Gilchrist, 51 A.D.3d 425 (1st Dep’t), appeal denied, 11 N.Y.3d 710 (2008).
• Successfully defended a major utility in an action brought by a motorcyclist who claimed personal injuries arising out of improper street cuts and underground conduit work. In this case, the major utility was able to recoup nearly all of its defense costs from insurance carriers for the contractor.