38 North Shore Towers Courier n June 2016 THE BUSY PASSENGER Q: On the expressway in the right lane, I was in the back seat of a taxi cab, busily changing a diaper. While trying to merge into our lane from a parked position, another vehicle collided with the cab. Can I sue the taxi driver, or his company? A: Your driver had the right-of-way. He was entitled to anticipate that another motorist would obey traffic laws requiring her to yield. Presumably, your driver will testify that the other driver suddenly, without signaling, attempted to merge from the parking lane into your lane, and that he saw the other vehicle for only a second before the impact occurred. Your classic line of rebuttal would be to prove that your driver was speeding. In the police accident report, suppose you find a statement from the other driver that yours was indeed speeding. One cannot expect that it will be squeaked-in as some kind of exception to the hearsay rule. For one thing, the statement is blatantly in the other driver’s interest. It does not seem that you were paying attention at the time the impact occurred. So you personally cannot have been aware of the rate of speed that your driver was traveling. Absent actual evidence, it is mere speculation, and not acceptable, to contend that your driver was speeding. Given that he had only seconds to react, you will need very strong evidence if you want to prove that, nevertheless, his negligence contributed. CONVENIENT CUSTOM FRAMING OIL PAINTING CLASSES DISCOUNTED NEW & PRE-OWNED FOR SALE Sciatica Pain? WE NOW HAVE COLD LASER Do You Have SCIATICA Or Its Symptoms? • Low Back, Buttock, Leg Pain • Leg, Low Back Weakness • Burning or Shooting Pains in Legs • Difficulty Walking • Numbness/ Tingling in Lower Back or Legs • Stiffness or Fatigue in Legs • Tender Points on Lower Back or Legs Therapy can begin today. Call Now. *Most Insurances Accepted. FREE CONSULTATION With this ad. Within 30 days • Physical Therapy • Chiropractic • Occupational Therapy • Acupuncture • Hydromassage • Cold Laser North Shore Rehab Associates 55 Northern Blvd. Suite 103 516-466-9300 Great Neck, N.Y. 11021 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 © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 TOP DOLLAR PAID FOR ANY CAR! ALL CARS FOREIGN • DOMESTIC • COLLECTIBLE CALL-KEITH SHELDON 718-423-8585 • 516-880-5047 HOME CELL RESIDENT OF NORTH SHORE TOWERS 34 YEARS ARCADE BLDG. 2 (718) 224-0417
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