One August, on the Manhattan Bridge, two trucks collided head-on. According to sources, the day was rainy and the road surface slippery. The roadway was constructed of steel-ribbing with recessed concrete fill, adding to the slipperiness of the surface. As a result of the impact, the driver of one truck was thrown from his truck and sustained personal injuries. The truck driver who sustained the injuries filed a complaint against the driver of the other truck to seek compensation for the damages he sustained.
The driver of the other truck disputed liability and the nature and extent of the injuries allegedly sustained by the other driver. According to the defendant truck driver, he is not liable for the accident and the injuries sustained by the other truck driver because it was not his fault that the accident occurred. He blamed the bad weather, which caused the road to be slippery and hazardous to vehicle drivers. The defendant truck driver also said the plaintiff truck driver did not suffer permanent personal injuries that would cause him to lose his earning capabilities.
According to records in the NYC court, the sole evidence on the cause of the truck accident came from witnesses presented by the plaintiff truck driver. The records also showed that the plaintiff truck driver was involved in a prior accident in 1946. In that accident, he sustained an injury to his back. In the 1950 accident, the truck driver said he suffered injuries to the back, in addition to a fracture of a facial bone. A medical doctor who examined the plaintiff truck driver affirmed that the truck driver indeed sustained injuries as a result of the 1950 accident, but the doctor said the allegations on the facial bone fracture is yet to be determined by further medical exams.
The court ruling on the case said it is settled law in the State of New York that proof merely of the sudden swerving of an automobile from its own lane is not prima facie evidence of negligence or evidence sufficient, without more, to permit an inference that the driver was negligent. The court then observed that a sudden swerve might be due to several causes, including the operation of the automobile, the condition of the vehicle, or the condition of the roadway.
In this case there was evidence of ‘extraordinary conditions’ with respect to the road, namely, the steel-ribbing-concrete construction and the added slipperiness of the surface due to the rain or drizzle. In this case, there is an additional category of probable causes which could account for the sudden swerving of the automobile, namely, the peculiar construction of the roadway aggravated by wetness of the surface. In other words, the proof suggested a skid as strongly as it did a wheel-controlled deviation from the proper lane.
Suffering personal injuries caused by someone else and being involved in a lawsuit arising from those injuries is difficult for all. New York Car Accident Attorneys will stand by you and help see you through your case. These Attorneys can argue your side and make sure that you and your loved ones are compensated.
Stephen Bilkis & Associates with its NY Personal Injury Lawyers, has convenient offices throughout the New York Metropolitan area including Corona, NY. Our Attorneys can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Without our Attorneys, you may lose your rights which may cost you a significant amount of money.
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