Q: While driving northbound on a two-way street, I was hit by a car traveling eastbound on a two-way boulevard. My street was governed by a stop sign, but the boulevard was governed by nothing. I had stopped at the stop sign and looked both ways multiple times, before proceeding into the intersection. I have been told that I violated section 1142 of the Vehicle and Traffic Law, by failing to yield the right-of-way.
A: Even though the other driver apparently had the right-of-way, he may be found to have contributed to the happening of the accident if he did not use reasonable care to avoid the accident or failed to see what was there to be seen through the proper use of his senses. There can be more than one cause of an accident, and generally, it is for the jury to determine the issue of causation.
Your attorney is likely to inquire as to whether the other driver observed your vehicle prior to the happening of the accident, or attempted to take any evasive action to avoid the impact, and as to where he struck your vehicle – in order to build a case that the other driver failed to take reasonable care to avoid the collision.
The objective is to establish that the other driver indeed was somewhat at fault, as by speeding – that, even if you technically failed to yield the right-of-way, any violation on your part was not the ‘sole proximate cause’ of this accident.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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