I struck the rear of a car making a left hand turn from a two lane road. I may have been travelling a little fast, but isn’t it dangerous for a car on a two lane highway with double yellow lines to stop in the middle of the road?
It is dangerous for a car to be stopped on a highway to make a left turn. I agree with you. But you also seem to be admitting that you may have been travelling too fast. Therefore you should notify your own insurance company of the accident. In a prior post, I explained what the consequences are if you notify your carrier late.
You also seem to suggest that the car you struck in the rear did something wrong by making a left hand turn. There is nothing illegal about making a left turn on a highway across a double yellow line. Vehicle and Traffic Law § 1126(b).
You also admitted that you may have been travelling too fast. You have a duty not to follow vehicles too closely given your speed, the traffic conditions, and the speed of the car in front of you. Vehicle and Traffic Law § 1129(a). You also have a duty to see what there is to be seen. Pena v Santana, 5 AD3d 649, 774 NYS2d 744 (2d Dept 2004); see Miles v Walsh, 195 AD3d 924, 146 NYS3d 501 (2d Dept 2021).
Did the car making the left turn use a turn signal? Did the car making the left turn have working brake lights? Those issues would be important to your defense.
Stopping Short
If that car making a left turn also made a sudden stop, then that driver would be at least partially responsible for the accident. That driver had a duty not to make sudden stops on the roadway. Vehicle and Traffic Law § 1163(c).
Even though the driver who strikes a vehicle in the rear is presumed to be negligent, the driver that struck another car in the rear has an opportunity to explain the circumstances to exculpate himself from fault. Tutrani v Suffolk, 10 NY3d 906, 861 NYS2d 610 (2008).
In short, you can expect the driver of the other car to make a claim against you. You should fully cooperate with your carrier, and if necessary, cooperate with your assigned counsel from the insurance company. You will have an opportunity to explain the circumstances. If the vehicle had stopped short, perhaps did not have working brake lights or did not use a turn signal, you can give your side of the story.
By James Santner, Esq.
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