Have legal questions? Contact Us Today!

Proners Head

Firm Blog

Have you been injured?

Award ImageAward ImageAward ImageAward ImageAward ImageAward Image

Like It’s ‘The Long Island Expressway’

Investigators believe that a hit-and-run driver in West Babylon may have been a recent jail inmate.
The driver apparently raced through a stop sign before smashing through a backyard fence and slamming into the back of a Phoenix Road house. Immediately after the impact, the driver fled on foot and is still at large; police did recover an inmate bracelet from inside the car. Meanwhile, a work crew began repairs to the house so the property would not have to be condemned; a building inspector said the walls had buckled and the home was at-risk for collapse. In the last six months, two people have been killed in three different wrecks in this neighborhood, and residents say excessive speed is the common denominator. “They take off. They think it’s the Long Island Expressway,” lamented neighbor Sondra Cochran.
Babylon officials say they are aware of the problem on the 30mph road, but cannot install a signal because of low traffic volume.
Breach in a Negligence Case
Drivers have a duty of reasonable care towards one another, and that duty, or one similar to it, applies to other relationships as well. Duty is a legal question – there is one or there isn’t one – but breach is nearly always a fact question. In the above story, there are several potential breaches of duty according to several different theories.
If the driver did indeed run the stop sign, and that failure to stop directly preceded the crash, negligence per se may apply. Under this theory, violation of a traffic law, such as failing to obey a traffic control device, essentially creates a presumption of negligence. The plaintiff must still prove, by a preponderance of the evidence, that the breach caused injury. And, there is a difference between a rolling “California stop” and completely ignoring the sign; in the first scenario, there may not be a link between breach and damages.
There may also be subjective negligence, because a collision with a house, parked car, or other fixed object almost certainly implies that the driver was legally at fault. Furthermore, if the driver leaves the scene, that act is basically an admission of liability.
If the hit-and-run drivers are never located, or have insufficient insurance to cover the damages, the victims might be able to make claims against their own insurance companies, so there is nearly always a legal remedy available.
More than one liability theory often applies in a negligence case. For a free consultation with experienced attorneys who know the best approach in a case, contact our office. We do not charge upfront legal fees in a car crash case.

  • 01

  • 02

  • 03

More Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

News Channel

Road Rage Incident

Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.

News Channel

Hit and Run

Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.

News Channel

Ferry Disaster

Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.