Accidents are inevitable in a city as big as New York. Far too many of them, however, are caused by people who have little regard for traffic laws or who drive in a reckless matter. These people bear a certain responsibility to the people they’ve harmed, which includes financial compensation, so medical bills, repair costs, and other losses can be covered in the wake of an accident.
New York City and a NYC traffic officer were found not liable for damages in the case of a driver who was directed into oncoming traffic in Brooklyn by a traffic officer, according to a ruling by the Brooklyn Appellate Court, Second Department.
The plaintiff was driving on Adams Street in Downtown Brooklyn in 2008 when another driver coming down Tillary Street struck his car. Court documents reported that the plaintiff had the right of way and the green light, but a traffic cop with NYPD directed the second driver to go ahead, even though the plaintiff had the right of way.
The legal suit was filed against the second driver, the traffic officer, and the city itself for injuries suffered by the plaintiff due to the accident. The city sought to dismiss charges, claiming it was not liable. The Brooklyn Supreme Court allowed the case to go forward, after finding the plaintiff had a viable claim against the city. Brooklyn’s Appellate Division had a different opinion.
The four justices ruled that the city and the officer employed by the city were engaged in government action, which made them immune to liability. No decision has yet been made regarding the liability of the other driver.
If you’ve been injured in a car accident or by any other act of recklessness or negligence, the Perecman Firm is here to help. Call us today for a free consultation and we’ll work together to get you the compensation you need.