January 4, 2018

A vehicular accident and negligence.

Practice point:  Crossing a double yellow line into the opposing traffic lane, in violation of Vehicle and Traffic Law § 1126(a), constitutes negligence as a matter of law, unless justified by an emergency situation not of the driver's own making.

Student note:  A driver is not required to anticipate that a vehicle traveling in the opposite direction will cross over into oncoming traffic.

Case: Browne v. Logan Bus Co., Inc., NY Slip Op 09111 (2d Dep't December 27, 2017)

Here is the decision.