The Flying Cell Phone

Q: On our side of the road, the cars were traveling to California. On the opposite side, they were entering New York.  At one intersection, a posted traffic sign prohibits the entering traffic from turning left to go toward Canada.  For no good reason, another driver made that unlawful left turn.  The front of my vehicle came into contact with the right rear of his.

A: Because of the other driver’s violation of the Vehicle and Traffic Law, it certainly appears that he was negligent as a matter of law.  You were entitled to anticipate that the other driver would obey the applicable traffic law.

All the same, you too may be found negligent.  A driver who lawfully enters an intersection must exercise reasonable care.  You were obliged to drive carefully and in particular to use reasonable care to avoid a collision, i.e. to see what, through the proper use of the senses, you ought to see.  As much as possible, your attorney will seek to establish that you were free from comparative negligence.

An initial question is whether you had time to react to the other vehicle, and thus to mitigate this tragedy.  Even if you had no time, it will not suffice merely to tell the jury that your vehicle was going straight when it was ‘suddenly and unexpectedly’ struck.  The jury needs detailed information with respect to the manner in which you were driving.  Were you speeding?  If your cell phone went flying through the air, had you been talking on it?

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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