Understanding Liability from our Queens Car Accident Lawyers When You are Hit by a Car Pulling Out of a Parking Spot Too Fast
New York City is busy. All five boroughs have people changing shifts at all hours of the day and night. Traffic quickly builds back up, especially with school starting again. People are on the move. While these are all great things for NYC and our economy, it does lead to accidents. One of the most common types of accidents in NYC is a motor vehicle accident. Our Queens car accident lawyers know that there are many ways that a car accident could be caused in NYC, but one of the most common ways is when an innocent person is hit by a car pulling out of a parking spot too fast. This could happen to us as a motorist, bicyclist, motorcyclist, or even as a pedestrian.
When this happens we could suffer serious personal injuries including traumatic brain injuries (TBIs), spinal cord injuries (SCIs), broken bones, shoulder injuries, knee injuries, and other types of serious damage that may result in scope surgery or other procedures. Even if we are in a motor vehicle and are hit by another vehicle pulling out of a parking spot, we could be seriously injured if we rear end a vehicle that pops out of no where or if we are pushed into oncoming traffic. If this sounds like something that happened to you, call our experienced Queens car accident lawyers at Cohen and Cohen Law Group, P.C. to learn how we can help you.
Starting a Parked Car, an Obvious Rule and a Special Rule
There are many rules to driving. Most of these rules are rules of common sense. This includes looking both ways before crossing, seeing what there is to be seen, and hearing what there is to be heard. These are generally known as common law, or judge-made law, which is created and evolves over the years as public sentiment also evolves. It revolves around what is reasonable.
There are also statutory law, or legislatively-made law, that is developed by our state representatives and signed by the Governor. These are laws on the books that will remain on the books until they are changed.
When it comes pulling out of a parking space, there are some obvious rules and some special rules. It is obvious that a reasonably prudent person should not start their care and pull out into traffic without looking for other vehicles or people. It is also an obvious rule that people should not pull out in front of other vehicles so as to risk a collision or cause a collision. You do not need to be a Queens car accident lawyer to know this fact through the common law.
But there are also very clear and special rules developed by the Legislature. Specifically, New York Vehicle and Traffic Law section 1162 governs starting a parked vehicle and provides “[n]o person shall move a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.” It goes without saying that when a vehicle pulls out and is hit by another vehicle, that driver did not pull out in a manner that was reasonably safe.
Liability for Violating the Common Law or Statutory Law
There are many ways that your Queens car accident lawyers could impose liability against a defendant. Under the common law, a defendant that causes a motor vehicle accident in NYC by pulling out of a parking space too fast is likely negligent under the common law.
But a defendant is also likely under the statutory law for also violating statutory law. A victim may be able to argue that the defendant is negligent per se, or automatically negligent as a matter of law. This means that a defendant may have liability asserted against him automatically if the following elements are met:
- defendant violated the statute
- the statute was meant to protect the victim from the type of harm that occurred, and
- the victim was in the class of persons who were protected.
There may be some other elements in special instances, but generally these are the rules that will apply to hold a defendant liable for hitting an innocent person.
Injured by a Driver Pulling Out of a Spot Too Fast? Call Cohen and Cohen
Our Queens car accident lawyers at Cohen and Cohen Law Group, P.C., will handle cases anywhere in Manhattan, Brooklyn, Bronx, Staten Island, Long Island, or of course Queens. We also will review and may handle cases throughout New York for victims who are seriously injured or wrongfully killed in a serious personal injury accident. Learn how we can help protect your rights during a FREE consultation by dialing 800-247-8164 for a FREE case evaluation or use our convenient and easy-to-use contact us box available here.