Backing out of her driveway, Lola thinks of only one thing, “I have
got to get to work and I am going to be late…again!” She
puts her foot down on the gas pedal a bit harder and is ready to fly.
Her commute gets a little longer when another vehicle driving down the
road slams into the side of her vehicle.
John stumbles out of the driver’s side door, wondering what in the
world Lola was thinking when she backed out of her driveway. Lola stands
in her driveway, wondering why she was not more careful; she could have
hit a child walking or riding a bike.
Experienced Poughkeepsie car accident attorneys know that New York law requires motorists to pay attention when driving
and to see what there is to be seen. It is pretty basic; operate the motor
vehicle, as would any other reasonable and prudent driver. It is critical
to obey vehicle and traffic laws.
Failing to use mirrors and look around the vehicle while driving is a common
mistake causing many New York car accidents. As in the story above, it
happens when pulling out of driveways. It also happens in parking lots,
parking garages, and when reversing to get out of a parallel parked position.
These mistakes happen even though the State of New York has put drivers
on notice that doing such is against the law. According to
section 1211 of the New York Vehicle and Traffic Law, “the driver of a vehicle shall not back the same unless such movement
can be made with safety and without interfering with other traffic.”
This is just one of many statutes that address the safe operation of vehicles.
Lola from the story above appears to have violated Section 1211. This puts
her in a bad position in regard to liability for negligence. Such is because
judges from previous cases have stated how backing up without looking
is negligence as a matter of law. What this means is that Lola can be
deemed negligent by a judge without a jury having to deliberate on the
issue; the injured victim may not have to prove negligence; the jury may
only have to deliberate on the victim’s potential contribution to
the event and the amount of money that the victim is due to receive.
Learn more about the common types of car accidents in
our latest article posted here. Read more about rear-end motor vehicle collisions in
our blog posted here. Read more about car accidents caused by speeding in
our blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.