All New York motorists have an obligation to abide by vehicle and traffic laws. Among other things, this includes the duty to yield to other motorists who have the right of way. If a driver fails to abide by a traffic law and subsequently causes a collision, they may be deemed negligent as a matter of law, as shown in a recent opinion issued in a New York car accident case. If you were hurt in a collision, it is wise to talk to a Syracuse personal injury lawyer about your possible causes of action.
Facts of the Case
It is alleged that the plaintiff was driving his motorcycle on a New York road when he approached an intersection. He observed that the traffic light he was approaching was green, and he did not see any cars in front of him. After he entered the intersection, he noticed the defendant driver begin to make a left-hand turn in front of him. Due to the abruptness of the turn, he did not have time to stop or divert his motorcycle to avoid colliding with the defendant.
Reportedly, the plaintiff filed a personal injury lawsuit against the defendant, seeking compensation for the injuries he sustained in the accident. Before depositions were taken or discovery was complete, the plaintiff filed a motion for summary judgment asking the court to rule in his favor on the issue of liability and seeking a dismissal of the defendant’s affirmative defense of comparative negligence. In support of his motion, he provided the police accident report and his affidavit. The trial court denied his motion, and he appealed. Continue reading