North Shore Towers Courier n December 2014 17 Advertorial Legally Speaking By: Scott Baron, Attorney at Law THE FLYING CELL PHONE Q: On our side of the road, the cars were traveling to California. On the opposite side, they were entering New York. At one intersection, a posted traffic sign prohibits the entering traffic from turning left to go toward Canada. For no good reason, another driver made that unlawful left turn. The front of my vehicle came into contact with the right rear of his. A: Because of the other driver’s violation of the Vehicle and Traffic Law, it certainly appears that he was negligent as a matter of law. You were entitled to anticipate that the other driver would obey the applicable traffic law. All the same, you too may be found negligent. A driver who lawfully enters an intersection must exercise reasonable care. You were obliged to drive carefully and in particular to use reasonable care to avoid a collision, i.e. to see what, through the proper use of the senses, you ought to see. As much as possible, your attorney will seek to establish that you were free from comparative negligence. An initial question is whether you had time to react to the other vehicle, and thus to mitigate this tragedy. Even if you had no time, it will not suffice merely to tell the jury that your vehicle was going straight when it was ‘suddenly and unexpectedly’ struck. The jury needs detailed information with respect to the manner in which you were driving. Were you speeding? If your cell phone went flying through the air, had you been talking on it? 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 return to the source ATTENTION SENIORS Tired of your computer sitting around waiting for you to use it? Now you can hire your own VERY PATIENT COMPUTER TUTOR VERY REASONABLE RATES I specialize in working with seniors I will come to your home I can work with 2 individuals at the same time with this coupon 10% YOUR FIRST SESSION OFF Call Steve at 718-281-2362 New Jewelry Boutique by Esther Fortunoff 1504 OLd cOuntry rOad, Westbury Next to P.F. Chang’s, east end of the Mall at the Source. Shop fortunoffjewelry.com Mon–Wed: 10–6 • thu–sat: 10–9 • sun: 11–5 800.636.7886 FOR005_FortunoffAd_8.75x5.6875_NSTowerCourier_DEC2014.indd 1 11/20/14 10:38 AM
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