The Parts of a Motor Vehicle Accident Case

Being involved in a motor vehicle accident is a necessary but not a sufficient basis in the eyes of New York State Law to get the right to be made whole for the losses done to you by the accident. Many people think that if they suffer losses in a motor vehicle accident, they, ipso facto, get the right to be made whole. This is a a misunderstanding. A motor vehicle accident case does not consist of only one (1) part. There are four (4) parts to a motor vehicle accident case.

1. a negligent motorist
2. injuries
3. a causal connection between the accident and the injuries
4. the magnitude of the injury must rise above a vague, ill defined, imaginary line. The name of the line is the serious injury threshold. A description of this vague, ill defined, imaginary line can be found in New York State Insurance Law §5102(d) where the definition of a serious injury is found.  Can you understand it? Most lawyers and judges don't either. It is a moving target.  Defendants argue that a plaintiff's injuries are not serious but minor. Plaintiffs argue that a plaintiff's injuries are not minor but serious.  The jury is given the description of a serious injury found in New York State Insurance Law §5102(d) and applies it to the evidence that was presented during the trial to decide whether the injuries are minor or not.

The plaintiff must present evidence at a trial that proves all four (4) of the parts of a motor vehicle accident case. If the plaintiff only proves three (3) out of the four (4) parts, the plaintiff loses the entire case. There is no victory in coming close. All a defendant needs to do is knock out one (1) of the four (4) parts and the defendant wins. That is why it is easier to be a defendant than a plaintiff.  A defendant picks out the weakest of the four (4) parts and hammers away.

Sometimes it is unclear immediately after an accident whether or not the injuries of an injured person have the magnitude to get passed the serious injury threshold.  All of the other three (3) parts of a motor vehicle accident case are usually clear right after the accident but sometimes not the magnitude of the injuries.  Time needs to pass to see whether the consequences of the injuries rise or fall. At Bosco and Mascolo, Esqs. LLP we accept motor vehicle accident cases immediately if the other parts are strong even though the magnitude of the injuries is unclear. This way we can make sure everything is done right. After about six (6) to nine (9) months post accident, we can tell, having collected and reviewed the medical evidence, whether the evidence of the magnitude of the injuries is sufficient to continue to pursue a case. If it is, the case goes on. If not, we let you know.

Believe it or not: It is legal for a motorist to hurt others in an accident!

It is legal in the State of New York for a motorist to hurt others as long as the magnitude of the injury falls below a vague, ill-defined line. The line is called the serious injury threshold. So, if you hurt them a little bit, you can get away with your negligence in the State of New York.  Put the smallest dent in someone elses car and the law will hold you accountable no matter how small. Dent a person and you are not held accountable as long as "the dent" does not cross the serious injury threshold. Justice for cars but not for people.

A Copycat

It was bound to happen. On Friday, March 20, 2012, the Staten Island Advance reported on page A4 that another mobile office has been put on the road not by us but by the New York Legal Assitance Group.  It offers free legal advice.  They say that imitation is the highest form of flattery so I guess we are flattered.  Theirs appears longer; ours is definitely more colorful

The Wheels of Justice

Every year the American Bar Association sponsors a Law Day ceremony. This years theme is No Courts, No Justice, No Freedom.  The President of the American Bar Association has said that "America's courtrooms must be open to keep the wheels of justice turning." We agree. That is why we at Bosco and Mascolo has acquired and put in use our mobile office appropriately named the Wheels of Justice.  Moreover one of the domain names that takes you to our website Is http://www.wheelsofjustice.us

Staten Island Dems make candidate recommendations

Staten Island Dems make candidate recommendations

Published: Wednesday, March 14, 2012, 4:41 AM     Updated: Wednesday, March 14, 2012, 4:43 AM

By Tom Wrobleski

STATEN ISLAND, N.Y. -- The executive committee of the Staten Island Democratic Party made candidate recommendations for the fall races last night, but left their meeting without a candidate to run against state Sen. Andrew Lanza (R-Staten Island).

Meeting at Democratic headquarters in New Dorp, the panel unanimously endorsed Mark Murphy for Congress and John Mancuso to run against Assemblywoman Nicole Malliotakis (R-East Shore/Brooklyn).

The panel also unanimously endorsed attorney Anthony Mascolo to run for the South Shore Assembly seat. Republican Assemblyman Lou Tobacco is not running for re-election this year.

"Our candidates have the message, the issues and the resources," said Democratic chairman John Gulino. "It's going to be a fantastic year for the Democratic Party."

Despite speculation that former Rep. Michael McMahon, City Councilwoman Debi Rose (D-North Shore), Assemblyman Michael Cusick (D-Mid-Island) and Brooklyn Councilman Vincent Gentile were looking at the seat, no other candidates interviewed for the congressional slot.

"I am truly proud to have had the opportunity to stand before my hometown Democratic committee to talk about the important issues in this race and why it's so critical to elect a congressman who will go to Washington to create jobs and get our federal government working for the people of Staten Island," said Murphy, 41, son of former Democratic Rep. John Murphy.

Mark Murphy is looking to take on freshman Rep. Michael Grimm (R-Staten Island/Brooklyn) in the fall.

Mascolo, 56, is a partner in the West Brighton law firm Bosco & Mascolo.

"When I read that Lou Tobacco was not running, I said, this is a game change," he said. "I felt it gave an opportunity for some new blood."

His firm has done pro bono work for 9/11 families, and also did work involving the fatal 2003 Staten Island Ferry crash.

A Richmond resident, Mascolo has served on the board of the YMCA and the Staten Island Boys Football League. He also founded the Joe Plescia Memorial Super Meet in honor of a deceased friend and classmate, and coached in the Great Kills Little League.

A 1973 Farrell High School graduate, Mascolo spearheaded an effort that brought lighting to the school athletic field. He has also served on the school's board of directors.

Mascolo was honored by the Advance in 1999 for his dedication to youth sports.

Party deputy executive director Kevin Elkins said Mascolo has a "strong record of community involvement, and will bring the financial resources to the race that have never been brought to the South Shore before."

Mancuso, 31, said he had recently sold the family business, Silvestro's Deli and Caterers, so he could run full time.

Of the executive committee endorsement, he said, "It's good. They know I'm a hard worker and dedicated."

He served as director of operations when Gentile represented part of Staten Island in the state Senate, and was also Gentile's Council chief of staff.

Mancuso is the captain of the 122nd Precinct Auxiliary Police and the Auxiliary Police Highway Patrol 5.

The executive committee's selections are expected to be ratified at a full county convention on March 22.

By that time, the party also hopes to have a candidate in place to challenge Lanza. Gulino has pledged that every GOP incumbent will have a Democratic challenger this year.

"We believe we will," said Elkins.

The party's sitting lawmakers -- Cusick, state Sen. Diane Savino (D-North Shore/Brooklyn) and Assemblyman Matthew Titone (D-North Shore) -- were also unanimously endorsed for re-election.