While a passenger was traveling in his co-worker’s vehicle, the vehicle entered an intersection where it struck an automobile that was trying to make a left turn at this intersection, as reported by the New York Law Journal in a March 18, 2013 news article.

The passenger injured his right shoulder and had to undergo surgery. As a result, he sought compensation from the driver of the vehicle he was in, the owner of the vehicle he was in, and the driver of the vehicle which was struck. The passenger claimed that the two drivers “were negligent in the operation of their respective vehicles.” In addition, the passenger claimed that the owner of the vehicle he was in was vicariously liable for the driver’s accident.

Moreover, the passenger alleged that the driver who was making the left turn did not have the right of way as the driver was making a left turn after she ran a red light.  The passenger claimed that driver of the car he was in could have avoided the accident by possibly slowing down.

On the other hand, the driver who was executing the left turn claimed that she had a green arrow sign which gave her the right of way to turn and that meant that the oncoming traffic in the opposite direction had the red light. However, the driver who hit the other vehicle claimed that she had the green light, and that the other driver should have yielded the right of way since she was going straight, whereas the other driver was turning. Additionally, she was at least twenty miles below the speed limit.

In addition, the driver who was making the left turn claimed that the driver who struck her was travelling well above the speed limit as she and her passenger were late for work since she was struck midway on the passenger side of her vehicle she was the first to enter the intersection. The passenger claimed that he is limited in the use of his right arm. On the other hand, the other driver whose car was struck claimed that the surgery was not necessary and that the passenger is able to use his right arm fully.

The court held that the driver and the owner of the vehicle in which the passenger was in were responsible for the accident. As a result, the court granted compensation totaling about $25,000.

We at Jayson Lutzky, P.C. can provide you with the information you need if you have been injured, and how this will affect an accident claim. If you have been injured due to someone else’s behavior and you are in need of legal advice, then please feel free to call us at 1-800-660-5299 for a free initial  in office consultation or visit our website at www.MyNewYorkCityLawyer.com.