Among the most commonly litigated types of motor vehicle accidents are those that occur at intersections. These accidents all too frequently involve pedestrians. It is fundamental law that every driver must obey the rules of the road; keep his vehicle under reasonable and proper control continuously; keep a proper lookout under the circumstances then existing, taking into account the actual and potential dangers existing from weather, road, traffic and other conditions; and see and be aware of what is in his view. The operator of a motor vehicle is obligated to yield the right of way to a pedestrian crossing the street at an intersection in a crosswalk.
Many actions arising out of such motor vehicle collisions raise triable issues of fact for a jury. However, where there is an undisputed violation of a controlling provision of the Vehicle and Traffic Law and negligence is established as a matter of law on one of the parties, and an absence of any evidence of comparative negligence by the other party, a summary judgment motion to impose liability against the driver and owner of the vehicle1 may be appropriate.
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