HIT IN THE REAR Q: Driving my fire engine en route to a fire, I observed a car stopped ahead of me. I repeatedly applied the fire engine’s brakes, and managed to slow down to a speed of five to seven miles per hour. Nevertheless, I skidded into the car. The driver had heard my horn and siren and seen my lights. She maintains that she was unable to pull over to the right because of traffic conditions. Instead, she decided to make a left turn. The driver was in the process of moving into the left-hand turning lane, when her car was struck in the rear by my engine. A: You do not say that either the City or you personally suffered damages to the point that one would sue over them. The most likely lawsuit is one brought by the driver or her passenger against the City. I do not think that they have a case against you. For starters, pursuant to the Vehicle and Traffic Law, the driver was required to yield the right of way and, among other precautions, stay clear of the intersection. Under the circumstances, true, her failure to do so may not have been comparative negligence. At the same time, her attempting a left turn may indeed have been comparative negligence. Only a jury can decide. Be that as it may, as for whether you and the City were negligent, you have the benefit of two statutory provisions. Under General Municipal Law § 205-b, you may not be held liable for an act done in the performance of your duties “except for wilful negligence or malfeasance”. Under Vehicle and Traffic Law § 1104, you may not be held liable because there is no evidence that you acted with “reckless disregard for the safety of others”. So do not see how the driver can succeed. SAVE THE DATE 04.06.14 everythingkidsExpo 2014 everything for your family under one roof April 6, 2014 11am-4pm Long Island City YMCA 32-23 Queens Blvd., Long Island City, NY 11101 $5 (includes bounce house rides for the kids) Kids Under 2 FREE A DAY OF FUN FOR ALL! • Speak with experts from top businesses • Shop for the latest at our vendor booths • Entertainment from Big Apple Circus • Demonstrations • FREE Hands-On Activities for children • FREE Face Painting, Glitter Tattoos, Spin Art • FREE Giveaways & Raffle Prizes • FREE Parking Enjoy all the classes & demos offered by the YMCA: • Imagination theater • Piano class demos • Karate demos • Guitar demos • Family Capoeira (Brazilian martial arts class) • Basketball drills • Dance academy demos • PT demos • Soccer •Healthy snacks for kids WIN GREAT PRIZES! Goody Bags to anyone pre-registers! • Bootcamp • Camp in 5 minutes • Fitness competitions • Dance off contest for memberships Great for grandparents, parents and kids (from babies to tweens) who SPONSORED BY: 718.823.3033 • www.frankiescarnival .com PRESENTING SPONSORS: QueensCourier.com lic LONG ISLAND CITY COURIER WWW.QUEENSCOURIER.COM | MARCH 2014 | LEHAVRE COURIER 11 EARN EXTRA INCOME TELEPHONE SALESCLASSIFIED AD SALES Experience necessary, but will train. Part-time, flexible hours 5 days a week, 4 hour shifts Qualifications: reliable, punctual, excellent phone and people skills BAYSIDE, QUEENS LOCATION CLOSE TO LIRR SALARY + COMMISSION CALL FOR INTERVIEW 718.224.5863 ext. 228 Legally Speaking By: Scott Baron, Attorney at Law Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice Copyright © 2014 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878 TO SPONSOR, EXHIBIT OR ATTEND PLEASE CALL 718.224.5863 EXT. 201 OR EMAIL [email protected] PRE-REGISTER AT WWW.QUEENSCOURIER.COM/KIDS-EXPO
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