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Q: Early one winter morning in the City, the car in which I was seated was struck in the rear by another vehicle.  At the time, our car was stopped in a single lane.  Prior to the collision, my driver’s boyfriend had exited our car.  At the time of the collision, he was standing next to the front passenger door, and I remained in the back seat.

Our driver had stopped her vehicle for one or two minutes in the only westbound lane, without activating the hazard lights, to let her boyfriend out, even though there was an open curbside parking space.  The rear driver claims that he was unable to steer his vehicle to the left of our car since a third vehicle was passing him on the left side.  On the other hand, he admits having seen our car a while before the impact.

Following the accident, the rear driver was given a field sobriety test and arrested.  Subsequently, he pleaded guilty to driving under the influence.

A: There can be more than one proximate cause of an accident, and you appear to have an excellent case against each of the drivers.  It appears that your own violated 34 RCNY 4-07, when she stopped the vehicle in the single lane, without activating the hazard lights.  This certainly is evidence of her negligence.  It also appears likely that the rear driver should have been able to bring his vehicle to a stop in time to avoid the collision.  Your attorney will be eager to gather evidence as to the speed of his vehicle, when yours became visible and what a sober driver could have managed to do.

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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