Craig P. Curcio successfully defends cross over motor vehicle collision

Craig P. Curcio successfully defended a cross over motor vehicle accident wherein the emergency charge was asserted in defense of the operation of a vehicle on behalf of the defendant.  The case, venued in Supreme Court, Orange County, involved a cross over collision by a pickup truck pulling a 16-foot trailer and a full-sized school bus without school children.  It was early morning and still dark on Route 9W in New Windsor when the truck and trailer, operated by the defendant, crossed over the double yellow line into the oncoming lane of travel, side-swiping the school bus.  Defendant alleged that an unidentified car pulled out from a parking space, cutting him off and causing him to react by turning his wheel into the oncoming lane.  He was able to turn the wheel back to the right but not before sideswiping the school bus operated by the plaintiff.  While the plaintiff underwent fusion surgery to the neck, only liability was tried in this part of the case.  Plaintiff used the “reptilian” theory to trigger the protective instincts of the jury since the case involved a school bus.  Craig was able to successfully assert the emergency charge and argue to the jury that the sudden and unexpected actions of the unidentified vehicle were the cause of the accident and that the defendant’s reaction to the emergency was reasonable under the circumstances.  After deliberation, the jury returned a verdict for the defendant.