A group of tourists traveling through New York recently had a gruesome experience that will likely remain in their thoughts for a long time. The double-decker bus in which they were traveling knocked down an elderly pedestrian and the occupants of the upper deck of the bus were reported to be horrified by the experience. The pedestrian accident happened on a recent Wednesday afternoon in the West Village.
Under New York law, when a car leaves the roadway and hits a telephone pole, that will almost always be ruled negligence on the part of the driver. Under extremely unusual facts, such as a massive breakdown of the car's systems, the driver may be exonerated from a finding of negligence in causing the car accident. Even in that situation, however, the driver may be found responsible for not maintaining the vehicle and thus liable to any injured parties for that carelessness. Another point often discussed in these blogs is that the driver is virtually always going to be found liable to pay compensation for injuries suffered by any passengers in the vehicle.
In New York and elsewhere, when a driver is operating on the wrong side of the road and heading into oncoming traffic, it’s often a formula for tragic consequences. A driver must have control of his or her vehicle at all times while operating it on the road. The driver must be looking ahead and knowing what lies ahead. When the driver has lost concentration and is in a car accident while driving on the wrong side of the road, she will almost always be determined to be the primary at-fault party for liability purposes.