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ARTICLE ID 22943

Auto collision - Plaintiff commencing left hand turn contends defendant suddenly appears at high rate of speed - Defendant found 60% negligent - Liability only.

Westchester County

The plaintiff contended that as he began to turn left into his driveway on a rural roadway with one lane in each direction, the defendant on-coming driver approached at a high rate of speed and was unable to stop, striking the left front corner of the plaintiff’s vehicle. The defendant maintained that the plaintiff had commenced turning when the defendant was only 20 feet away and that the defendant was unable to avoid the accident. The defendant denied speeding.

The plaintiff’s accident reconstruction expert related that 87 feet of skid marks were found at the scene. The expert concluded that based upon this evidence, the significant damage to the respective vehicles and the evidence that the plaintiff’s car was pushed backwards some 57 feet, the defendant was traveling close to 70 mph in the 30 mph zone.

The jury found the defendant 60% negligent and the plaintiff 40% comparatively negligent.

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