Intersection accidents are probably the most common types of car accidents and are probably the cause of some of the most serious injuries to drivers in New York.
The first thing that you should do is to make sure that you are treated for the injuries that you received in the accident. Taking care of yourself is primary. Treatment for injuries sustained in a car accident are generally covered in New York under the no-fault laws.
Next, make sure that you – or some one on your behalf - has alerted your car insurance company about the accident. Prompt notice of the accident is important according to the requirements of your car insurance policy.
Intersection accidents can make even the most seasoned insurance adjuster shake in their seat. The Vehicle and Traffic Laws in New York contain what are called “right of way” laws, which are used to help and try to determine which of the cars in the intersection is given preference and so it helps us in determining liability. Let me give you a few examples.
If you are driving and come to an intersection you must give the right of way to the cars that are already at the intersection. Who was in the intersection first determines who has the right of way.
Also, many intersections do not have a traffic light to help determine who goes when. So what happens when two cars get to an intersection at the same time? Well the law says that the vehicle on the right has the right of way. So if you are stopped and there is a vehicle to your right that is also stopped, that car goes first. If there is a car on your left, you go first.
One of the most common types of intersection accidents occur when one car tries to make a left hand turn in front of an oncoming vehicle that is going straight. In that situation the turning car must give the right of way to the oncoming car.
Now, just because the other driver had the right of way does not always mean that they were not in some way responsible – or negligent – in causing the accident. There may be many factors that can contribute to the negligence of a party driving. Some are within their control like talking on a cell phone. Some are part of the condition of the roadway itself, such as something that is blocking the other driver’s ability to see the cars coming from his or her left or right, like over grown trees. Also, cars often “roll” in to an intersection with out coming to a full stop as required by law. There are also drivers that enter an intersection at an increased rate of speed and cannot stop.
If you are injured in an intersection accident and meet the serious injury threshold for bringing a lawsuit then you can sue for compensation. We here at The Platta Law Firm understand the right of way laws and can help you with all aspects of your case. Call us. We are here to help.