FOR BREAKING NEWS VISIT WWW.QNS.COM FEBRUARY 15, 2018 • THE QUEENS COURIER 85
ONE STOP SHOP!
150-52 14th Avenue
Second Floor
Whitestone, NY 11747
Anael Canale P.C.
Aorney At Law
Real Estate, Foreclosure,
Wills and Bankruptcy
718-746-2100
anadelcanale1@yahoo.com
Established in 1995
Hablamos Español
Canale Realty LLC.
Purchase, Sales, Rentals & Short Sales
718-888-1051, canalerealtyllc@gmail.com
A & C Shortsale LLC.
Short sale processing Company
718-747-3047, acshortsale@gmail.com
ONE STOP SHOP!
150-52 14th Avenue · Second Floor · Whitestone, NY 11747
Anadel Canale P.C.
Aorney At Law
Real Estate, Foreclosure,
Wills and Bankruptcy
718-746-2100
Established in 1995
Hablamos Español
anadelcanale1@yahoo.com
A & C Shortsale LLC.
Short sale
718-747-3047
Canale Realty LLC.
Purchase, Sales,
entals & Short Sales
718-888-1051
HE NODDED AT ME
Q: I was standing next to the curb between two stopped cars. In the next lane, there
was a bus. The driver nodded to me as if to say “yes.” Then I stepped out onto the turnpike,
but he hit me! The driver says that he sounded his horn, slammed on his brakes, and swerved
to the left. My friend disagrees. The driver also denies that he nodded. He adds that, as I
crossed, I was not even looking in his direction, the direction of oncoming traffic.
A: From the defendants’ perspective, you intentionally jaywalked from behind two
vehicles and into the path of an immediately approaching bus in such a manner that the
accident could not possibly be prevented, violating at least two sections of the Vehicle and
Traffic Law: section 1151, which provides that no pedestrian shall suddenly leave a curb or
other place of safety and walk or run into the path of a vehicle which is so close that it is
impractical for the driver to yield; and section 1152, which requires every pedestrian crossing
a roadway at any point other than within a crosswalk at an intersection to yield the right of
way.
Fortunately, it sounds like you have evidence that the driver did not sound his
horn. Thereby, he would have violated Vehicle and Traffic Law § 1146(a), which requires
every driver to exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic
animal – and to give warning by sounding the horn when necessary. Moreover, if the driver
indeed nodded, he undertook to ensure your safe passage across the roadway
Under the ‘emergency doctrine’, if the driver was faced with sudden and
unexpected circumstances – which (1) left little or no time for thought, deliberation or
consideration, or (2) caused him to be reasonably so disturbed that he needed to make a
speedy decision without weighing alternative courses of conduct – then the driver was not be
negligent if his actions were reasonable and prudent in this emergency context. Your attorney
will dispute that an emergency situation existed and will contend that negligence on the
driver’s part indeed contributed to this accident.