Listen to Michael Brook's radio show appearances on personal injury law in New York and New Jersey. Full episode audio with written transcripts.
You cannot sue yourself. That one fact decides whether an injury at home is worth anything at all.
Brake failure is not a defence. It confirms the driver did not check his vehicle.
Breaking a rule yourself does not entitle someone else to put an obstacle in your path.
Not every question gets the answer the caller hoped for. Here the fault sits with the driver.
Even a cyclist who broke the rules does not carry all the blame. The car keeps a share.
The question is not why they fell. It is who was responsible for watching them.