FOR BREAKING NEWS VISIT www.couriersun.com may 8, 2014 • The Courier sun 39 REAR-ENDED BY A FIRE TRUCK Q: In the rear, my car was struck by a fire truck. It was responding to an emergency. The truck struck my car 30 seconds after the traffic signal controlling our lane changed from red to green, and while the truck was decelerating. I had been in the far left lane with the truck immediately behind me. In order to get out of the truck’s path, I attempted to move my vehicle into the center lane, but was unable to complete the lane change because of traffic ahead of me. The fire truck then struck my car on the rear driver’s side. The fireman has been telling it otherwise. He says that his truck was in the center lane and my car was cutting across from the left lane to the right lane – but was unable to completely enter the right lane before his truck struck my car. A: As a preliminary point, the City often will argue that its driver was engaged in conduct that is exempted from the rules of the road by Vehicle and Traffic Law § 1104(b). That statute permits an authorized emergency driver to (1) stop, stand or park irrespective of many other provisions of law, (2) proceed past a steady red signal, a flashing red signal or a stop sign, although only after slowing down as may be necessary for safe operation, (3) exceed the maximum speed limits so long as this does not endanger life or property and (4) disregard regulations governing directions of movement or turning in specified directions. Unfortunately for the City, the statute does not exempt the driver of an authorized emergency vehicle from the prohibition against following too closely behind you. Your attorney will argue that the driver of the fire truck was not engaged in the specific conduct exempted from the rules of the road by Section 1104(b), and, thus, the principles of odrinary negligence apply. Specifically, a driver of a vehicle approaching your vehicle from the rear is required to maintain a reasonably safe distance and rate of speed under the prevailing conditions to avoid colliding with your vehicle. A rear-end collision establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a non-negligent explanation for the collision. JOB 9-014C2 8.75 X 5.6875 QUEENS COURIER Advertorial Legally Speaking By: Scott Baron, Attorney at Law 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 CENTER FOR GIFTED YOUTH SUMMER 2014 PROGRAM June 30 - July 25, 2014 • CELEBRATING 32 YEARS Are You the Parent of a Gifted Child? 19 day Summer Program Open to gifted children entering grades 2-8 in September 2014 Expands students’ knowledge and develops creative and critical thinking skills Offers children the opportunity to learn in an innovative and exciting environment New technology infusion For information, call (516) 299-2160 or email [email protected] Dr. Lynne Manouvrier, Director • Mr. Henry Mazer, Headmaster FIND OUT. College of Education, Information and Technology Inquire about Transportation Visit our website for program criteria: liu.edu/post/giftedyouth White Star Limousine was founded in 1952 and has been family owned and operated for over three generations. Ask us about the specials we o er for you next special event WWHITESTAR LIMOUSINES 20 Jericho Turnpike, New Hyde Park, NY 516.233.2911 www.whitestarlimousine.com
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