Published on:

Court determined that in an accident involving a car and a motorcycle, the driver of the car was liable. Anderson v. Aloe, 99 A.D.3d 53 (N.Y. App. Div. 2012)

by

Anderson v. Aloe highlights the legal responsibilities of motorists when sharing the road with motorcycles. In this case, the plaintiff, Mr. Anderson, suffered severe injuries when a vehicle driven by the defendant, Ms. Aloe, made an abrupt left turn in front of his motorcycle, causing a collision. The case presents a number of important legal issues, including negligence, proximate cause, and comparative fault.

Comparative negligence is a legal principle that is applied in personal injury cases in New York and other states. Under comparative negligence, a plaintiff who is partially at fault for their own injuries can still recover damages from the defendant, but the damages will be reduced by the plaintiff’s percentage of fault.

New York follows a “pure” comparative negligence rule, which means that a plaintiff can recover damages even if they were more than 50% responsible for their own injuries. For example, if a plaintiff is awarded $100,000 in damages but is found to be 30% at fault for the accident, their award will be reduced by 30% to $70,000.

Background
On July 18, 2007, Mr. Anderson was riding his motorcycle on State Route 5S in the City of Utica, New York. At the same time, Ms. Aloe was driving her car in the opposite direction, preparing to make a left turn onto another road. As Ms. Aloe attempted to make the left turn, she collided with Mr. Anderson’s motorcycle, causing him to be thrown from the bike and suffer serious injuries.

Mr. Anderson filed a lawsuit against Ms. Aloe, alleging that she was negligent in failing to keep a proper lookout for other vehicles on the road and failing to yield the right of way to Mr. Anderson’s motorcycle. Ms. Aloe countered by claiming that Mr. Anderson was partly to blame for the accident, as he was traveling at an excessive speed and failed to take adequate measures to avoid the collision.

Discussion and decision
The Supreme Court of New York denied the defendant’s motion for summary judgment to dismiss the case, finding that there were questions of fact regarding whether the defendant was negligent in maintaining the road where the accident occurred, and whether the plaintiff was comparatively negligent in the accident.

Mr. Anderson argued that Ms. Aloe was negligent in failing to keep a proper lookout for other vehicles on the road and failing to yield the right of way to his motorcycle. He further contended that Ms. Aloe’s actions were the proximate cause of his injuries. Ms. Aloe, on the other hand, claimed that Mr. Anderson was partly at fault for the accident, as he was traveling at an excessive speed and failed to take adequate measures to avoid the collision. She argued that Mr. Anderson’s actions constituted comparative negligence and therefore reduced her liability for the accident.

The court found in favor of Mr. Anderson and awarded him damages for his injuries. The court held that Ms. Aloe was negligent in failing to keep a proper lookout for other vehicles on the road and failing to yield the right of way to Mr. Anderson’s motorcycle. The court also found that Ms. Aloe’s actions were the proximate cause of Mr. Anderson’s injuries. The court rejected Ms. Aloe’s argument that Mr. Anderson was partly to blame for the accident, noting that there was no evidence to support her claim that he was traveling at an excessive speed or failed to take adequate measures to avoid the collision.

The court’s decision highlights the importance of motorists exercising due care when sharing the road with motorcycles. As the court noted, “operators of motor vehicles have a duty to keep a proper lookout for other vehicles on the road, including motorcycles.” This duty extends to ensuring that they yield the right of way when necessary, particularly when making left turns. Failure to do so can result in serious injuries and legal liability.

Conclusion
Anderson v. Aloe is an important case that highlights the legal responsibilities of motorists when sharing the road with motorcycles. The case underscores the importance of exercising due care and keeping a proper lookout for other vehicles on the road, particularly when making left turns. The court’s decision serves as a reminder to motorists that they can be held liable for injuries resulting from their failure to fulfill these legal obligations.

If you have been injured in a motorcycle accident in New York, it is important to contact a skilled and experienced New York motorcycle accident lawyer as soon as possible who can help you navigate the complex legal process and ensure that you receive the compensation you deserve for your injuries, lost wages, and other damages. By working with a qualified attorney, you can focus on your recovery while your lawyer fights for your rights and helps you achieve the best possible outcome in your case. Don’t hesitate to reach out to a New York motorcycle accident lawyer if you have been injured in a motorcycle accident.

by
Posted in:
Published on:
Updated:

Comments are closed.

Contact Information