He Broke My Reflector

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Q: One summer night, in the heart of Manhattan, I needed to change a tire.  Using some reflectors, I closed a lane of traffic.  Before I had finished, a taxicab pulled up between the reflectors – to drop off a passenger and pick up some new ones.  As the cab pulled away, it ran over one of my reflectors.  I approached the taxicab, put my arms on the opened window-frame and politely asked the driver to pay for the broken reflector.

The passengers started crying, “Move, move, move.  Go, go.  He’s crazy.  He’s going to kill us.”  The driver cursed at me and drove off – injuring my foot.

A: Did you have a chance to put down your wrench?  I worry that you still were holding it.  A jury is likely to find that your injury was in large part brought about by your own conduct in approaching the taxicab in a threatening manner and placing yourself in a position of danger.

Be that as it may, it still is conceivable that you will obtain a recovery.  Under the doctrine of comparative negligence, if both sides were negligent and the negligence of each contributed to the accident, then you are entitled to recover, although not the full amount of your damages.  Your damages will be reduced in proportion to your own negligence.

Bear in mind that it is incumbent upon your attorney, as an officer of the court, to ensure that the result of litigation is not merely a pyrrhic victory for you.  Consoling your feelings is not enough.  Even if you recover something, the vast majority probably will go to your attorney, not to you – for the prodigious amount of work involved in succeeding with such a case.  If you have told me everything, it will be a challenge to find an attorney willing to take this case.

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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