The Anatomy of a Bronx Car and Truck Accident Case
If you or a loved one suffer the tragedy of being injured in a car or truck accident, securing fair compensation requires top representation, as the road to financial recovery under New York law is difficult. Laws have been enacted to dissuade the injured from pursuing their rights, and only the best personal injury attorneys can correctly evaluate your case and provide you with the advice and counsel necessary to ensure that you leave nothing on the table. Knowledge of the process through which the injured must navigate is key, and mistakes can cost you and your family the ability to be made whole. That is why you should accept nothing short of the best personal injury lawyers to represent you and your family.
The law that governs Bronx car and truck accidents is known as the New York Vehicle and Traffic Law (the “VTL”). The VTL prescribes the rules of the road that car and truck drivers, bicyclists and pedestrians must follow when on Bronx roads. Although most people believe that they know the rules of the road, when bringing a lawsuit, you must be aware of how judges, juries, insurance companies and defense lawyers will twist the laws to try to deny you fair compensation when you are injured. Top Bronx car and truck accident lawyers like those on my team have assembled countless winning strategies for our clients despite this complexity. There is no substitute for experience: we will educate you and your family about how the VTL applies to your case so you can better understand your rights.
As an example, imagine a situation where you or a loved one are involved in an accident. You are driving north down St. Ann’s Avenue intending to continue through the intersection with East 156th Street. When you are approximately 150 feet from the intersection, you see a truck stopped on St. Ann’s with its left turn signal on intending to make a left on to East 156th Street. When you first see the truck, it has not started to turn left, and you both have a green light. You continue towards the intersection but, as you come within 50 feet of it, the truck suddenly starts its turn and you are unable to stop before colliding directly with the front of the truck that by this time has crossed into your lane attempting to turn left. Who is responsible? The answer is not as obvious as it might seem.
There are two main sections of the VTL with which an accident lawyer will have to contend in this situation if you are to win your case:
- Under VTL § 1141, you must show that the truck failed to yield the right of way to you, and that you were close enough to the intersection so as to pose an “immediate hazard” to the truck as he turned across the intersection. Remember: If the truck driver can prove that you were far enough away from the intersection given the traffic conditions (speed of traffic, speed limits, volume of traffic) prevailing at the time so that you did not constitute an immediate hazard, he will not be liable for making a left turn in front of you.
- Under VTL § 1180, you must also show that you were driving at a speed that was reasonable and prudent given the conditions on the road, and specifically that your speed was reasonable and prudent given the actual hazards (the left-turning truck) that were reasonably apparent at the time. Remember: If the truck driver can prove that you should have seen him making a left turn in front of you and that you were simply going too fast to take account of this and slow down to avoid the accident, he will not be liable for making a left turn in front of you.
As you can see, even this simple case, pitfalls exist and a failure to take account of them throughout a case can turn a winning case into a devastating loss with no compensation. My team of expert Bronx car and truck accident lawyers understand these pitfalls, and will prepare your case to ensure that you have the best chance of proving the facts necessary to win your case. We will question the defendants early on in the case to make sure that they cannot escape liability for your injuries.