Have legal questions? Get a Call Back Within 25 Seconds

Proners Head

Firm Blog

Have you been injured?

Wayward Driver Causes Mayhem In Upstate NY

Authorities in upstate New York were unable to prevent a wrong-way car crash that seriously injured two people.
State police received word from a witness that a vehicle was travelling the wrong way on 590 North near State Route 104 in Monroe County, New York. A few minutes later, the wrong-way driver, 32-year-old Charles Dalberth, collided head-on with 27-year-old Munjid Alharthy. Both victims were trapped inside their vehicles, and firefighters had to use the Jaws of Life to extricate them. Both men were transported to nearby hospitals, but they are expected to survive.
Officers did not immediately speculate as to the cause of the crash, but Mr. Dalberth was arrested and charged with DUI along with several other offenses; he also had an outstanding warrant from the City of Canandaigua for criminal possession of a controlled substance.
Punitive Damages
The law in this area is a bit unsettled, with some courts requiring “reckless and wanton” conduct while others use a standard of “reckless or wanton.” The New York Pattern Jury Instructions, which are used with little or no modification in most tort cases, further require that the defendant’s conduct “border[] on criminal” and demonstrate “the intent to interfere with [the plaintiff’s] rights.”
Some fact patterns that may support a punitive damage award include:

  • Wrong Way Driving: As opposed to a head-on collision, which typically means that the defendant suddenly veered into oncoming traffic, wrong way crashes usually involve drivers that operated on the wrong side of the road for several minutes or even longer.
  • High BAC Level: As a rule of thumb, a BAC of more than about .20 indicates that the defendant had been drinking heavily and was well aware that driving would be very dangerous.
  • Criminal Charge: Vehicular manslaughter and related charges involve a criminal intent to harm other drivers.

Punitive damages are nearly always awarded in mass tort cases, like the ones involving defective medical devices and other faulty consumer products.
Extreme misconduct often leads to additional damages. For a free consultation with attorneys who fight for victims, contact our office. A lawyer can arrange for a doctor’s appointment, even if you have no money and no insurance.

  • 01

  • 02

  • 03

More Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

News Channel

Road Rage Incident

Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.

News Channel

Hit and Run

Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.

News Channel

Ferry Disaster

Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.

Award Image
Award Image
Award Image
Award Image
Award Image
Award Image

Mitchell Proner is an amazing and very experienced trial lawyer, who takes care of his clients. He represented me in a car accident case, kept me very informed during the lengthy legal process and got me the settlement that I expected. His friendly office staff was always willing to assist and answer any questions I had. I recommend Mitchell Proner to all my friends and family!

Besides being well versed and very knowledgeable about all aspects of my case it was simply a pleasure dealing with Mr. Proner and his colleagues at Proner and Proner. In a time of hardship Mr. Proner and the staff at Proner and Proner made it very easy for us to cope with all of the legal processes which we are not accustom to. I couldn't recommend a better group of people let alone an attorney as Mitchell Proner and the staff at Proner and Proner. Thank you again for all of your assistance.

Awesome experience, excellent service, very professional and fast resolving my case. My number one attorney - definitely recommended more than once. Thank you!