New York motor vehicle accident lawyer discuss dangers, laws of intersections

2009-02-27 01:47:47 (GMT) (Caymanmama.com - Law News)

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The laws of the state of New York govern that a driver approaching an intersection with a green light must take note of all the surrounding circumstances before entering that intersection

New York City, New York (CaymanMama.com) –The laws of the state of New York govern that a driver approaching an intersection with a green light must take note of all the surrounding circumstances before entering that intersection.

Although a green light signals the driver to proceed ahead, the driver must still take a visual survey of the traffic surrounding the intersection. Often times, there can be a risk-taker behind the wheel that will not heed a red light and run straight through an intersection illegally.

In the case of Nuziale v. Paper Transport of Green Bay Incorporated, 835 N.Y.2d 136, 39 A.D.3d 833 (2nd Dept. 2007), the defendant was navigating a tractor trailer down an exit ramp from the Grand Central Parkway.  She made her way through a green light at the bottom of the ramp and ran into the vehicle operated by the plaintiff.  The defendant argued that she should not be held liable for the collision since she was proceeding with a greet light.

The Supreme Court, Queens County granted the defendant’s motion for a summary judgment. Unfortunately for the plaintiff however, the Appellate Division, Second Department overturned that decision and reinstated the plaintiff’s case.

During her deposition, the defendant testified that she was “coasting” through the intersection as it was a green light, and she failed to look both ways at the intersection to see if cars were there before proceeding through it. She stated she could remember whether her view of traffic was obstructed.

The Appellate Division stood firm that although she was allowed by law to proceed through a green light, she “was not authorized to blindly and wantonly enter the intersection.”

For cases such as this one, contact Chris McGrath, a leading New York  motor vehicle accident attorney, who has extensive experience handling cases arising from car accidents.



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