A personal injury suit was commenced against a tractor-trailer and the employer of the driver after four adults and one infant, while passengers in an automobile, sustained injuries as a result of a truck accident. The Staten Island driver of the automobile in which they were passengers died as a result of his injuries. A collision occurred between the passenger car and a tractor trailer. The tractor trailer was under lease. This case was tried by the court without a jury and the question of contributory negligence is resolved in favor of the plaintiffs. The defendants appealed.
According to records in court, the trailer truck was without load and deadheaded westward bound from Clinton, New Jersey, to Pittsburgh, Pennsylvania. It had been raining for some time prior to and at the time of the accident. The road surface was wet and visibility was fair. The accident occurred in the early morning about one o’clock. The sources said there was failure in the tractor trailer’s engines and the passenger automobile struck the tractor which rested in its pathway.
Under the Pennsylvania law, the presence of a vehicle on the wrong side of a highway is prima facie evidence of the driver’s negligence and the skidding or sliding of a vehicle of itself does not constitute negligence of the driver. It is thus incumbent upon the plaintiffs to prove that the skidding or sliding of the vehicle was due to the negligence of the driver. The operator of a motor vehicle is bound at all times to exercise reasonable care in its operation. As sliding or skidding of itself does not constitute negligence, something additional must be shown to justify a finding of negligence.
Applying these principles to the case at bar, the Westchester court found negligence in the operation of the trailer truck. The court noted that it is apparent that the trailer tractor failed to keep traction while proceeding up the grade necessary to remain in its lane. Although its first sliding may not have been anticipated, after its driver had straightened out and gained control of the vehicle, since the highway was then free of other traffic, he should have reasonably attempted to ascertain the cause of the slide in order to avoid its repetition, the court said. This he failed to do, and there was no explanation given for the second sliding of the trailer truck.
Accordingly, the court found that the tractor-trailer driver failed to exercise reasonable care in the operation of the trailer truck.
The court also found the employer of the tractor-trailer driver chargeable with the negligence. The lease covering the tractor-trailer provides that the tractor-trailer is solely and exclusively under the direction and control of the lessee.
Suffering personal injuries, losing one’s capacity to earn, and being involved in a lawsuit arising from the negligent acts of someone else is difficult for all. To protect and preserve your rights, there are New York Car Accident Attorneys who will stand by you and help see you through your case. These Attorneys can argue your side and make sure that you and your loved ones are compensated.
Stephen Bilkis & Associates with its New York Personal Injury Lawyers has convenient offices throughout the New York Metropolitan area including Corona, NY. Our Attorneys can provide you with advice to guide you through situations where an injury resulted because of another’s negligence. Without our Attorneys, you may lose your rights which may cost you a significant amount of money.
In addition to Injury Law, Stephen Bilkis and Associates will recommend Wrongful Death Lawyers who will help you.