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How An Injured Scooter Driver Used a New York Taxi Driver’s Own Words to Secure a Summary Judgment in His Intersection Accident Case

Achieving success in an auto accident case requires many things. One of those things is the ability to locate, collect, and organize all of the evidence that supports your version of the events that led to the collision. You may need photographs, eyewitness accounts, official reports, and expert opinions. A piece of evidence that contains a statement from the other driver that backs up your assertions can be especially helpful. When it comes to amassing all of these pieces of evidence and then putting them together in one cohesive and persuasive case, rely upon the skill and experience of a knowledgeable New York car accident attorney to give your lawsuit what it needs for success.

An example of this type of scenario played out recently in a case from Brooklyn. The case involved an intersection collision between a taxi and a scooter. The two vehicles were traveling in opposite directions on Fifth Avenue in Brooklyn when they collided at the intersection of Park Place.

The scooter driver, Teddy, sued for the injuries he suffered in the accident. Teddy sought summary judgment to hold the taxi driver liable. The scooter driver’s theory of the case was that the taxi driver was in the process of attempting a left turn when he improperly failed to yield the right of way and made an illegal left turn right into the path of Teddy’s scooter.

The scooter driver had lots of evidence to back up his theory of the accident. He had his own testimony, the testimony of non-party eyewitnesses, crash scene photographs, and the police accident report. He also had the taxi driver’s MV-104 accident report form, in which the taxi driver acknowledged that he was trying to make a left turn onto Park Place when the accident happened.

In opposition, the defense relied heavily on the taxi driver’s deposition testimony, in which he claimed that he was not turning, was facing straight, and had not crossed the double-yellow line when the collision took place.

The Appellate Division concluded that this evidence showed that Teddy was entitled to summary judgment. The scooter driver’s proof was ample enough to establish that the taxi driver had violated the law (specifically, Section 1141 of the Vehicle and Traffic Code) by making a left turn when it was not sufficiently safe to do so. The taxi driver’s illegal left turn was the sole cause of the accident, the court stated.

The court also declared that the taxi driver’s deposition testimony was not enough to create a valid basis for sending the case on to trial. The testimony was not persuasive, in the Appellate Division’s estimation, since that court declared it to be a “belated attempt to avoid” the harmful impact of the taxi driver’s admission of the left turn in his MV-104 form. This “feigned issue” was insufficient to deny Teddy summary judgment in his favor.

When you are hurt in a side-impact accident, your pursuit of damages for the harm you suffered may involve many tasks. To advance your interests, rely upon counsel who is familiar with every step of the process. For four decades, the experienced Queens car accident attorneys at Newman, Anzalone & Newman have been helping injured drivers, passengers, and pedestrians pursue the compensation they deserve. To put our knowledge and skill to work for you, schedule a free consultation with one of our qualified attorneys. Contact us toll-free at 877-754-3099 or through our website.

More Blog Posts:

I’ve Been Hurt in a Chain-Reaction Accident in New York; What Should I Do Now?, New York Personal Injury Lawyers Blog, April 25, 2018

Using Your Opponent’s Guilty Plea to a Vehicle & Traffic Law Violation in Your New York Auto Accident Case, New York Personal Injury Lawyers Blog, Nov. 29, 2017

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