FOR BREAKING NEWS VISIT WWW.QNS.COM JANUARY 25, 2018 • THE QUEENS COURIER 73
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150-52 14th Avenue
Whitestone, NY 11747
Anael Canale P.C.
Aorney At Law
Real Estate, Foreclosure,
Wills and Bankruptcy
Established in 1995 718-746-2100
Canale Realty LLC.
Purchase, Sales, Rentals & Short Sales
A & C Shortsale LLC.
Short sale processing Company
Q: While driving northbound on a two-way street, I was hit by a car
traveling eastbound on a two-way boulevard. My street was governed by a
stop sign, but the boulevard was governed by nothing. I had stopped at the
stop sign and looked both ways multiple times, before proceeding into the
intersection. I have been told that I violated section 1142 of the Vehicle and
Traffic Law, by failing to yield the right-of-way.
A: Even though the other driver apparently had the right-of-way, he
may be found to have contributed to the happening of the accident if he did
not use reasonable care to avoid the accident or failed to see what was there to
be seen through the proper use of his senses. There can be more than one
cause of an accident, and generally, it is for the jury to determine the issue of
Your attorney is likely to inquire as to whether the other driver
observed your vehicle prior to the happening of the accident, or attempted to
take any evasive action to avoid the impact, and as to where he struck your
vehicle – in order to build a case that the other driver failed to take reasonable
care to avoid the collision.
The objective is to establish that the other driver indeed was
somewhat at fault, as by speeding – that, even if you technically failed to yield
the right-of-way, any violation on your part was not the ‘sole proximate cause’
of this accident.