(a) As a result of the carelessness, negligence and/or recklessness of defendants, plaintiff was caused to sustain the following injuries: Damage to property is not a part of this claim.ġ3. Loss of use of property is not a part of this claim.ġ2. Defendants violated the following statutes, ordinances and laws: Vehicle and Traffic Law § 1101 entitled “Required obedience to traffic laws ” § 1110 entitled “Obedience to and required traffic-control devices ” § 1111 entitled “Traffic-control signal indications ” § 1146 entitled “Drivers to exercise due care ” § 1180 entitled “Speed Restriction, Basic rule and maximum limits ” § 1212 entitled “Reckless driving ” and 34 RCNY §4-03 entitled “Traffic Signals ” and 34 RCNY §4-06 entitled “Speed Restrictions.”ġ1. There are no other co-defendants in this action.ġ0. The accident was caused by the negligence, careless, and/or recklessness of defendants in the ownership, operation, management, maintenance, and control of their motor vehicle in failing to properly steer, guide, maneuver, and control said motor vehicle in operating and driving said motor vehicle at an excessive, dangerous and/or illegal rate of speed under the prevailing circumstances in failing to have said motor vehicle under proper and reasonable control in failing to keep a proper lookout for other vehicle on the road in failing to give any warning, notice or signal of the approach of said vehicle in failing and omitting to provide or make prompt or timely use of adequate brakes and steering mechanisms in failing to take appropriate and reasonable evasive action so as to avoid the accident in failing to slow down or stop when in the exercise of due care she should have seen that the circumstances called for same in failing to yield the right of way to the plaintiff’s vehicle in driving while distracted in failing to stop for a red traffic signal then and there existing that was controlling traffic traveling in defendants’ direction in violating those statutes, ordinances, rules and regulations in such cases made and provided, of which this Court will take Judicial Notice at the time of the trial of this action.ĩ. Plaintiff was the owner and operator of the vehicle involved in the subject accident.Ĩ. Plaintiff was traveling in a northerly direction on _, when the vehicle being operated by defendants traveling in a westerly direction on _, failed to stop at the red light controlling traffic traveling in his direction and collided into plaintiff’s vehicle causing plaintiff’s vehicle to enter the southbound lanes of _ and strike the vehicle being operated by defendant traveling in a southerly direction on _.ħ. The accident occurred at _ at its intersection with _, New York, NY.Ħ. ![]() The accident occurred on September 1, 2014, at approximately 7:55 a.m.ĥ. The last four digits of plaintiff’s Social Security Number are XXX-XX-1234.Ĥ. In light of State and Federal Social Security Privacy Laws and the likelihood of this document becoming a public record, plaintiff’s complete Social Security number will be provided under separate cover. At the time of the accident and at the time of the filing of the Summons and Complaint, plaintiff resided at _.Ģ. Plaintiff, by her attorney, Law Offices of Stuart DiMartini, as and for her Verified Bill of Particulars in response to the demand of defendants, hereby alleges upon information and belief as follows:ġ. JOHN SMITH and VERIFIED BILL OF PARTICULARS You can see an actual Bill of Particulars here: Bill of Particulars ![]() ![]() Once the document is finished, it will be served on the defendant’s attorneys. The plaintiff’s attorney in a New York car accident litigation claim will gather all of the necessary documents and records needed to prepare the Bill of Particulars. It will lay out of the allegations being made and can limit what evidence can be introduced at trial if not included in the Bill. The Bill of Particulars is arguably the most important document in the litigation process. ![]() This includes your personal background, employment, details of the accident, injuries, medical treatment, expenses, lost wages, and more.Īfter a New York car accident litigation has been commenced, the attorneys for the defendant (wrongdoer) will serve an Answer to the Complaint along with various discovery demands that will include a Demand for a Bill of Particulars. It is a detailed statement of the particulars of your claim. Part of the litigation process is what is known as the Bill of Particulars.Ī Bill of Particulars is exactly what its name expresses. If you have been injured in a New York car accident and are involved in New York car accident litigation, your attorney is working to protect your right and succeed in your claim. New York Car Accident Litigation – The Bill of Particulars
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