My car broke down when I was on a two lane highway. I was not able to get the car off the roadway before it completely stopped. When I was waiting for a tow, someone hit me. And now they are suing me. What are my rights?
I was driving on a crowded four lane road in Brooklyn in the right lane. The car in front of me changed lanes suddenly and I was not able to stop my car and rear-ended another vehicle stopped in the right lane. What are my rights?
These cases have one thing in common. They both deal with the statutes governing stopping on the road. The statutes in question are Vehicle and Traffic Law §§ 147, 1200, 1201 and 1202. These statutes are important because if you are the injured party, if you can prove a violation of a statute, you have proved negligence.
No Fault Claim
As with all motor vehicle accident cases, you should notify and apply for no fault benefits. In both cases, the driver should apply for no fault benefits from the carrier, insuring the car that this person was driving. You must notify the insurance carrier within 30 days from the day of your accident. No fault will pay you a portion of your lost wages, as well as your medical expenses while you recover from your injuries.
Prohibition Against Stopping on a Roadway
Vehicle and Traffic Law § 147 defines stopping as “When prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.” So if you are stuck in traffic or police direct you to stop, you are not “stopping” as defined in the Law.
Vehicle and Traffic Law § 1200(a) states ‘ . . . no person shall stop, stand or park a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.”
But if you are involved in accident and you stop on the highway to exchange information with the other driver are you negligent? The answer is yes if you are able to drive the car off the roadway to a shoulder. Rees v Grandelli, 21 NY2d 946, 289 NYS2d 977 (1968). Similarly, if your car breaks down with a flat tire and you could have driven to a shoulder, then you can also be found liable. Goldberg v. Statewide Excavators Inc., 291 N.Y.S.2d 76, 30 A.D.2d 572 (3d Dept. 1968)
But if your car broke down and stopped, and you could not drive it to a shoulder, then you would not be negligent. VTL § 1201(b).
Discharging Passengers or Unloading Merchandise
The second case seems to happen frequently in New York City. There is never enough parking, and people need to pick up or discharge passengers. According to Vehicle and Traffic Law § 1200(b) ” . . . no person shall stand or park a vehicle, whether occupied or not, but may stop temporarily for the purpose of and while actually engaged in receiving or discharging passengers.”
Similarly ” . . . no person shall park a vehicle, whether occupied or not, but may stop or stand temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.” VTL § 1200(c). So cars and trucks are allowed to park when picking passengers or unloading merchandise, respectively.
So if the car parked in the right lane was discharging passengers, they are not blameless. The driver still could be negligent for failing to turn on hazard lights. Jones v. G & I Homes Inc., 86 A.D.3d 786, 927 N.Y.S.2d 206 (3d Dept. 2011).
So even though the parked car may not have violated the Vehicle and Traffic Law, there is a possibility that driver could be negligent, at least in part, for the accident. The Court may look at factors like hazard lights, the length of time the vehicle was parked and anything else the parked car did to make the vehicle conspicuous.
By James Santner, Esq.
If you have questions about stopping on a roadway or a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.