Law

Hit by a cars mirror – can I sue?

I Was Hit by the Mirror of a Passing Car. I Was Crossing in the Middle of the Block. Do I Have a Case?

At times an accident may call into question many complex legal issues. Tragic accidents causing great harm to pedestrians may be caused by extended side mirrors on buses, trucks, cars and vans. Even a vehicle traveling at a slow rate of speed can cause devastating head injuries if their side mirrors come into contact with the head of a pedestrian. This may occur as a person is exiting or entering a car from the passenger side, just as a bus, van or truck passes. It can happen while waiting for a school or passenger bus. It can even happen simply by standing in an intersection waiting for a bus, van or truck to pass. Or it can happen in a situation where the pedestrian may be partially at fault. Each situation is different.

New York City Traffic Regulations 34 RCNY Section 4-15 provides that the width of a vehicle shall not be more than eight feet, (96 inches) except the width of school buses and fire vehicles shall not exceed 98 inches and the width of buses having a seating capacity of more than seven passengers shall not exceed 102 inches.

What is clear from this regulation is that an accident caused by a protruding extended mirror may be actionable. Extended mirrors widen vehicles beyond permitted dimensions. Other Regulations and Statutes may also be involved. It is prudent to promptly retain an attorney who will conduct a complete investigation and preserve the evidence of the position of the mirror.

How often have you observed mirrors on school buses which extend far out beyond the vehicle? This presents a real potential hazard to children and adults alike.

When accidents occur determining the issue of fault can become an extremely complex issue. Awareness of the statutory obligations of everyone involved in the accident must be considered. It is important to promptly locate an attorney who is aware of the law in order to carefully determine whether you have a case.

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