On August 26, 2005, a passenger car and an 18 wheeler crashed at the intersection of Queens Boulevard and Van Dam Street in Queens, New York. The driver of the car advised that she was on Van Dam Street and was making a left turn onto Queens Boulevard, which has three westbound lanes. An 18 wheel commercial truck was in the lane to her right. The driver of the car stated that when traffic began to pull forward, the commercial truck began to merge in front of her vehicle. She said that she stopped and remained stopped in traffic while the truck struck the front passenger side of her vehicle and proceeded to pull of her bumper. The front seat passenger advised that the passenger car that she was in was at a complete stop in the left most lane when the last wheel of the commercial vehicle struck the right front bumper and crushed the passenger side of the vehicle inward trapping her inside the car.
The driver of the commercial tractor trailer stated that he was making a left turn onto Queens Boulevard from Van Dam Street in the right lane and was moving into the center lane, which was reserved for trucks only. The driver stated that before merging, he looked in his mirrors and did not see anything in the center lane where he was merging. The driver of the truck stated that he was about halfway into his turn when he felt the vehicle make contact with another vehicle. He later testified that he did not see the passenger car prior to the accident, but did see the passenger car hit his tire. The Westchester truck driver stated that when the contact occurred, both vehicles were moving and that the passenger car was moving faster than his truck. After the accident, the truck driver stated that the driver got out of the passenger side of the moving car and approached the front window of his truck. The driver of the passenger car has asked the court for a summary judgment to find that liability for the accident rests entirely on driver of the truck and does not rest at all on her. Both the driver of the commercial vehicle and one of the passengers in the passenger vehicle, ask that the summary motion be denied because there are more issues of fact that need to be decided.
There is clearly a conflict of testimony in that each driver states a completely different account of the accident than the other. The driver of the truck is maintaining that either the passenger vehicle was trying to pass him on the left hand side while he was making a left hand turn, or that the passenger vehicle was trying to change lanes in front of his vehicle. The driver of the truck further maintains that the center lane of the roadway is reserved for trucks and that because his vehicle makes wide turns, the passenger car would have had to move into on-coming traffic in order to pass his truck. The truck driver also states that the driver of the passenger car was not actually driving her vehicle at the time of the accident. He states that the alleged passenger of the vehicle was actually the driver of the vehicle. He stated that the woman who identified herself as the driver of the vehicle, but who did not have any identification on her at the time of the accident had a tattoo on her left bicep of a scroll. At her deposition, the alleged passenger of the car had a tattoo on her left bicep that was a scroll. Also, the driver of the passenger car had a tattoo on her left arm of a cross. There is also dispute about if the passenger door was operable after the accident.