My car was hit at a red light by truck backing out of driveway...

by Kelsey
(Long Island City, New York)

I was stopped at a red light when a truck that was backing out of a driveway on my right side hit me. I was beeping, and he said he heard me, but he kept going. Now he is claiming that I was in the crosswalk, and that's why he hit me. I believe that I was between the lines, in the space between the crosswalk and my lane.

Am I responsible for the full damage to his vehicle, or is he responsible? Who is liable in this case? Thank you for any information you can provide.

Visitor Question:
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ANSWER for "My car was hit at a red light by truck backing out of driveway...":

Kelsey (Long Island City, New York):

Under Section 1143 Of New York’s Vehicle and Traffic laws, drivers emerging from private driveways must yield the right of way to drivers already on the a main roadway.

Section 1143 reads: "Vehicle entering roadway: The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed."

As a direct result, even if your car was in the crosswalk, you should not be liable. Instead, the truck driver's negligence was the direct and proximate cause of the accident.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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