New York Personal Injury Blog | Lever & Stolzenberg, LLP Legal Blog

Deadly Wrong Way Crash on the Taconic: Could the State of New York be at Fault

As you may have heard already, Diane Schuler, was reportedly severely drunk and had smoked marijuana within an hour of the deadly Taconic State Parkway crash that left eight people dead, including four young children, when she crashed on the Taconic.  In light of this recent accident, I wondered whether any litigant had ever been successful in bringing an action against the State of New York for failing to erect proper signs that would warn unknowing travelers that they were traveling on a roadway in the wrong direction.  Interestingly, in the case Mickle v. New York State Thruway Authority (701 N.Y.S.2d 782), the claimant sued the Thruway Authority after he crashed his car heading in the wrong direction on Rte 787, which is an extension of the New York State Thruway, north of Albany.  The claimant alleged that he did not realize that he was traveling in the wrong direction and that the entrance to the highway from the toll plaza where he entered was confusing.  He pointed to proof from a civil engineer that indicated that the roadway where the accident happened was particularly confusing because there was almost 15 signs present at the location, only one of which was a "Do Not Enter" sign, coupled with the fact that the unmarked lane of traffic he was supposed to be following veered sharply to the right and there was no jersey barrier separating the northbound and southbound traffic. Thus, the engineer opined that traveling in the wrong direction was a strong possibility and likely under the circumstances.  The Court found that the State was 60% at fault for the accident.

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