The Right of Way

Q: I had been traveling northbound on a two-way street, while the other driver had been traveling eastbound on a two-way avenue.  A stop sign controlled vehicles traveling on my street.  Nothing governed vehicles traveling on his avenue.  I had stopped at the stop sign and looked both ways multiple times before proceeding into the intersection.  Then the front of the other car struck the center of my car.

A: If the other driver failed to make proper use of his senses and see what is there to be seen – or otherwise did not use reasonable care to avoid the accident – he may be found to have contributed to its happening, even though he was traveling with the right-of-way.

Suppose that the other driver’s passenger recalls that, prior to entering the intersection, the other driver observed your car stopped at the stop sign.  Nevertheless, within the number of seconds available, he took no evasive action.  Or suppose that bystanders have testified that the other driver was traveling at an excessive rate of speed; or saw him engaged with his cell phone; or saw that his head was down, and afterwards a cell phone was found on his lap.

By all means talk to an attorney.  Even though it may seem, at first blush, that this tragedy occurred simply because you failed to yield the right-of-way, the attorney may sense that the evidence will show that yours is a far better 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.

Copyright © 2016-2020 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878