FOR BREAKING NEWS VISIT www.queenscourier.com JANUARY 16, 2014 • THE QUEENS COURIER 19 Legally Speaking By: Scott Baron, Attorney at Law AN OFFICER’S FAILURE TO SIGNAL Advertorial Q: I am a police officer and was driving my marked police vehicle north on a twolane road. A southbound vehicle moved into my lane and then back into its own. I slowed my vehicle, pulled to the right shoulder and activated my emergency lights. I started to make a U-turn, in order to pursue the lane switcher, but my car was hit by a northbound car behind me. I had failed to activate my directional signal. A: The northbound driver cannot have been following you too closely, as no one at all was following you – once you pulled off the roadway onto the shoulder. She also did not fail to yield to an emergency vehicle, because you gave her no time to yield. Even if she believed that you intended to turn your vehicle around and pursue the southbound driver, a reasonable person in her position would have thought that you were planning to turn around after the traffic cleared. It sounds like your sudden and unannounced U-turn into the flow of traffic need not have been anticipated. Your case, if any, is against the southbound driver, but only under General Municipal Law § 205-e. In a section 205-e action, and assuming that the southbound driver was violating a provision of law, even though the connection between your accident and this violation is indirect, he is liable to pay you not less than one thousand dollars. Your comparative fault is not an obstacle. However, you appear to lack a common-law negligence claim against the southbound driver. Your accident and his reckless driving, if any, do not have a proximate connection. Seemingly, the appearance of the northbound vehicle, along with your failure to signal your intention and your failure to notice the new vehicle constitute intervening, superseding events, severing the ties that are necessary for proximate causation. 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 2013 Estate Tax Law Changes-Are You At Risk? Costly Mistakes You Cannot Afford to Make! Come to a Free Workshop on Wills Living Trusts & Medicaid Planning Estate Planning Seminar January 23rd at 6:30 pm Law Firm of Albert Cohen, P.C. 104-70 Queens Blvd., Conference Room Forest Hills, NY 11375 February 4th &13th at 6:30 pm Law Firm of Albert Cohen, P.C. 104-70 Queens Blvd., Conference Room Forest Hills, NY 11375 Seating is Limited. Refreshments Served. Call now to reserve your seat 718-275-7779 At the workshop, we will discuss several issues, including: -The advantages and disadvantage of Wills and Living Trusts -How to plan before you need Long Term Care -How to protect your children’s inheritance from future ex-spouses, lawsuits and other claims Presented By Law Firm of Albert Cohen, P.C. 104-70 Queens Blvd., Suite 312 Forest Hills, NY 11375 718-275-7779 www.cohenestateplanning.com Come in for a flu shot. Walk out protected and happy. There’s nothing better than knowing you’ve got a doctor right here in the neighborhood who is convenient, accessible, and associated with Mount Sinai Queens. So if you’re looking for a good doctor, come in and meet our staff while you get your flu shot. Flu shots are just $15. Call 718-267-5956 today to make your appointment. FAMILY HEALTH ASSOCIATES 31-60 21st Street, Astoria, NY 11106 www.mshq.org/Family | 718-808-7300 or 718-267-5956 Hours Mon, Wed, Thurs, 8 am-7 pm | Tues, Fri, Sat, 9 am-5 pm Stay Healthy. Stay Informed. Mount Sinai Queens presents year-round FREE Health and Wellness events. Check it out! Please visit www.mshq.org/events
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