When making a left-hand turn across another lane, the vehicle making a left-hand turn must yield to oncoming traffic. This is known as yielding to the â€œright of wayâ€ and is mandated by Vehicle and Traffic Law Section 1141 according to a July 1, 2014 New York Law Journal article.
In the case at hand, a driver turned left after passing a median with plants on it. This driver hit a driver who was going straight in the opposite direction. The driver making the turn did not yield to the right of way and wait before turning and was thus at fault. The driver whose path was being crossed by the driver turning left tried her best to avoid the accident by slamming on her brakes, but could not avoid the accident. The judge found the left-turning driver to be negligent. Negligence is important because if one is negligent, then he or she is responsible for damages arising from the accident.
The driver found negligent challenged the ruling. He sought to have the complaint against him dismissed. His logic for requesting the dismissal was that the other driver who was simply driving straight did not â€œsee what there was to be seen.â€ The judge did not agree with this argument as it was just â€œspeculation.â€ The argument did not present any facts, so the judge decided not to dismiss the complaint that had found that driver negligent.
If you have been injured in a motor vehicle accidentâ€”in a truck, taxi, car or as a pedestrianâ€”then you should seek immediate medical and then legal attention. Jayson Lutzky is a lawyer with over 31 years of legal experience in New York State. He has worked to recover millions for clients for medical bills, lost wages and pain and sufferingâ€”all past, present and future. Call 718-514-6619 to set up a free initial in office consultation. If you have been seriously injured, then home and hospital visits are available. Visit www.MyNewYorkCityLawyer.com/Blog for more information on the latest legal developments.