I represent a client in an automobile accident case. The accident happened at 7:30am in the morning on Sixth Avenue and 56th Street in New York City. The accident happened as follows.
My client was in the right turning lane on Sixth Avenue making a right turn onto 56th Street. A truck was in the middle lane on Sixth Avenue, next to my client’s car, and making a right turn onto 56th Street. The truck hit my client’s car, when the truck was making a right turn from the center lane.
The law in New York is that a vehicle is supposed to make a right turn from the right lane.
I did a deposition of the truck driver. A deposition is where a lawyer questions a witness under oath. At the deposition, I asked the truck driver, “why did you make a right turn from the middle lane”? The truck driver said because the right lane had a “For Buses Only Sign” and that trucks are not allowed in the right lane from 7 am to 10 am and if he drove on the right lane he could be fined $250.00. If true, that is a valid excuse for the truck driver.
Now, the insurance company hired a powerful lawyer to defend the truck driver. But that powerful lawyer did not prepare his case since he never went to the scene of the accident.
I went to the scene of the accident and the sign in the right lane reads:
BUSES
& right turns
ONLY
4pm – 7pm
Monday thru Friday
Since the sign says “& right turns” that means all vehicles can travel in the right lane if they are going to make a right turn. As a result, the truck driver has no excuse for making a right turn from the middle lane. The truck driver should have been in the right lane to make a right turn. In any event, the sign is only applicable between 4pm and 7pm and the accident happened at 7:30am. Had this “powerful” insurance company lawyer prepared properly, he would not have allowed his client to give such a ridiculous excuse. Preparation is everything.