50 THE QUEENS COURIER • QUEENS BUSINESS • FEBRUARY 14, 2019 FOR BREAKING NEWS VISIT WWW.QNS.COM
Real Estate Seminar
First Time Homebuyers
Gain insights from the industry leaders
148-01 Hillside Ave, Jamaica, NY 11435
Date: March 3rd, 2019, Time: 3-6 pm
Mohammed Jan Fahim
Residential Mortgage Lender NMLS21812
Commercial Real Estate Lender
Real Estate Attorney
Real Estate Broker
516-348-3428 I 718-515-3400
Light refreshment will be served Thursday March 21st, 2019
No Reservation Needed, Walk-Ins Welcome
Q: I had lawfully changed lanes and was stopped at a red light –
when I was struck in the rear by a van. The driver says that, no, I had
changed lanes suddenly and come to a sudden stop – he applied his
brakes at a normal braking distance and slid into my car because of
the wet condition of the roadway.
The impact forced my car through the intersection, onto the
sidewalk, and into a nearby building.
A: Generally, a rear-end collision creates a prima facie case of
liability of the part of the operator of the rear vehicle and imposes
upon him a duty of explanation. When a driver approaches another
vehicle from the rear, he is bound to maintain a reasonably safe rate of
speed, to maintain control of his vehicle and to use reasonable care to
avoid colliding with your vehicle.
From what you tell me, and given the force of the impact, it
does not sound like the driver will prevail with a defense of sudden or
unavoidable circumstances that contributed to the happening of the
accident, if your attorney does his or her homework, particularly in
view of the fact that an operator of a vehicle must compensate for any
known adverse road conditions.
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