Use of His Senses

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Q: While riding my motorcycle, I was involved in a collision with a truck, at an intersection in the City.  The witnesses agree that I had been traveling northbound, and he had been traveling eastbound.  One says that I had stopped at the stop sign and looked both ways multiple times before proceeding into the intersection.  Personally, I have no recollection.  For traffic traveling on my street, the intersection was controlled by a stop sign.  On his street, by nothing.

Although the truck driver says that he never saw my motorcycle prior to the impact, the evidence shows that the front of his truck struck the center of my cycle.

A: The truck driver is likely to contend that you failed to yield the right-of-way, in violation of Vehicle and Traffic Law § 1142(a).  Even if this is so, there can be more than one proximate cause of an accident.

A driver traveling with the right-of-way may be found to have contributed to the happening of the accident.  Your attorney will seek evidence that the truck driver did not use reasonable care to avoid this tragedy – such as evidence of alcohol, cell phone usage or other driver distraction, or of speeding.  He failed to see what was there to be seen through the proper use of his senses.

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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