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Queens Car Accident Caused by Improper Overtaking

| Jun 5, 2020 | Car Accidents, Motor Vehicle Accidents

Liability Explained: Queens Car Accident Caused by Improper Overtaking

Queens Car Accident Caused by Improper Overtaking

One of the most dangerous maneuvers that a motorist could make is overtaking another vehicle.  This is why there are special designated areas of roadway where motorists can overtake a vehicle.  Otherwise, overtaking is unlawful.  This is because overtaking requires a motorist to cross the centerline and get right in the right of way of on coming traffic.  This places a huge risk of other traffic as well as the overtaker for a head on collision.  In addition, overtaking also can result in a side-swipe collision of the vehicle being overtaken.  Thus, our lawyers know that a Queens car accident caused by improper overtaking could cause serious injuries to multiple vehicles.

Here at Cohen & Cohen Law Group, P.C., our experienced Queens car accident lawyers know how dangerous and deadly improper overtaking can be.  Victims could be seriously injured in a head on collision or in a sideswipe collision.  This could result in catastrophic personal injuries including traumatic brain injuries, amputations, spinal cord injuries, and other damages.  Our auto accident law firm can work with you and your family to recover damages for pain and suffering, lost wages, lost future earnings, loss of consortium, property damage, medication costs, medical bills, need for modifications to a home or vehicle, and other damages related to the motor vehicle accident.  Ask our law firm for a FREE consultation to learn how we can help you today.

Law on Overtaking

There are two sections of law which are application to overtaking a vehicle.  This is because the section governing “overtaking” does not have any rules or applicability as to when a vehicle can cross the centerline.  That is governed by another section of law.  That means these two sections of law work in conjunction with each other  

The first applicable section is driving on the right side of the roadway which is governed by New York Vehicle and Traffic Law section 1120.  This law requires that all vehicles stay on the right side of the roadway and centerline unless a vehicle is lawfully overtaking another vehicle.

The second is overtaking a vehicle on the left is governed by New York Vehicle and Traffic Law section 1122.  This law requires that “[t]he driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.”  

Liability for Improper Overtaking

Therefore, a motorist could be negligent in overtaking another vehicle under one or both of these sections of law.  The first could be the improper action of crossing the centerline when it is not permitted.  This creates the risk of a head on collision with an oncoming vehicle, but it also creates the risk of a side-impact or other accident because the overtaken vehicle may not expect that a trailing vehicle will try to overtake it.

The second way that there could be liability is when the vehicle overtaking the other vehicle cuts back into the lane too quickly.  This can cause a collision which could result in a side-impact or rear end collision.  Other times this could cause another motorist to go off of the roadway.  This is a very dangerous type of collision.  

In either situation, it is likely that a motorist overtaking which results in a Queens car accident caused by improper overtaking could be liable to all innocent victims.

Injured in a Queens Car Accident Caused by Improper Overtaking?  Ask Our Lawyers for Help

If you or a loved one were seriously injured in a motor vehicle accident caused by improper overtaking, ask the experienced Queens car accident lawyers at Cohen & Cohen Law Group, P.C. for a FREE consultation to learn how we can help protect you rights to compensation under New York law.  Do not try to navigate this alone, get our help by calling 800-247-8164 for a FREE case evaluation or use our convenient and easy-to-use contact us box available here.

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