40 The Courier sun • at home • june 12, 2014 FOR BREAKING NEWS VISIT www.couriersun.com Special offers for AC start here. Easy-to-install, energy-efficient ductless home cooling systems! Get yours now for $100per month* • No expense and hassle of ductwork installation • Smaller and less expensive than central AC • Also functions as a heating unit in the winter Limited time offer! Call 1.877.410.4531 petro.com petro mobile connect on *Based on financing a $8,000 installation and 9.99% interest rate up to 132 months. Subject to credit approval by GE Capital and applies to qualified systems only. Limited time offer, expires 6/30/14, equipment must be installed by 7/15/14. Call your local representative for complete terms and conditions. Must present ad at time of quote; cannot be combined with other any other offer. Additional terms and conditions may apply. NYC Lic. No. 1314079. ©2014 Petro. P_14138 Legally Speaking By: Scott Baron, Attorney at Law 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 ordinary 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. Advertorial 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 Affordable Luxury in Kitchen and Bath Cabinetry OUTSTANDING DESIGN, SENSIBLE COST AND HIGH STANDARD OF QUALITY W W W . K W N Y K I T C H E N S . C O M Picture for illustration only 90-18 Liberty Ave. Ozone Park, NY 718-843-3500 207 Hempstead Tpke. West Hempstead, NY 516-493-9008 • FREE In-Home Consultation, Design and Estimate • FREE 3D Kitchen Design Presentation in Our Showroom • Deal Directly with a Certified Designer, Kitchen and Bath Remodeler INTEREST FREE FINANCING AVAILABLE Contact Showroom For Details ...of Quality Cabinetry • KITCHEN CABINETS • BATHROOM VANITIES • INTERIOR DOORS • CUSTOM COUNTERTOPS • WINDOWS
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