New York Wintertime Driving Accidents: Your Rights as a Victim

Winter means frigid temperatures, snow, ice, and other inclement weather for residents of New York, but these conditions lead to much more than just inconvenience and delays in getting around town. The Federal Highway Administration (FHA) indicates that around 21 percent of all car accidents in the US are linked to adverse weather, leading to approximately 5,000 fatalities and 418,000 injuries to passengers. Considering the fact that the Big Apple gets some form of precipitation an average of 119 days per year, the risk of serious accidents is high compared to other parts of the US.

If you were hurt in a weather-related auto crash that wasn’t your fault, you may be able to recover monetary damages from the responsible driver. You can trust a New York car accident and personal injury lawyer to guide you through the legal process, but there are a few basics you should know.

Common Causes of Wintertime Auto Crashes: Applying FHA figures to the New York State Crash Summary for 2018, more than 91,000 of the total 434,596 collisions were weather-related. To extrapolate the federal data to state numbers, approximately 177 were killed and almost 42,400 people suffered injuries. It’s true that some causes and contributing factors behind all car accidents are also problematic in winter weather, but they’re amplified considerably. The most common factors include:

Ice: Temperatures around New York can hover right around freezing, which means precipitation doesn’t make the transition to snow. Ice and sleet create extremely hazardous conditions, particularly since brakes and tires are rendered almost useless on slippery surfaces.

Snow: When precipitation turns to snow, it can accumulate and develop into treacherous conditions. It can be difficult to see hidden hazards under the frozen, fluffy layers.

Fog: Visibility is also an issue when fog and mist flow in from the East River. Motorists are sometimes unable to see signs, signals, and oncoming traffic, leading to collisions with cars, pedestrians, and others.

Rain: In the early and late winter months, you’re more likely to encounter rain as you’re traveling around New York. Rain can create both visibility issues and slick surfaces, ideal conditions for serious accidents.

Liability in New York Motor Vehicle Accident Claims: No matter what the specific causes behind wintertime auto collisions, these incidents typically occur because of driver error. Liability issues revolve around the legal concept of negligence, which requires you to prove:

1. The responsible motorist had a duty to exercise reasonable care when driving;
2. He or she breached this duty, usually by failing to account for winter driving conditions;
3. The breach of duty was a direct cause of the wintertime accident in which you were injured; and,
4. You suffered losses as a result of getting hurt.

In addition, you must also comply with the statute of limitations in New York personal injury cases, including motor vehicle crashes. If you don’t file a lawsuit within three years after the accident, you’re barred from recovering monetary damages.

Compensation for Victims of Vehicle Collisions: In most wintertime auto crash situations, your first step in seeking reimbursement for your losses is filing a claim with the responsible driver’s insurance company. Because adjusters focus on protecting the insurer’s bottom line, the response to your claim may be a denial or lowball counteroffer. If the insurance company refuses to settle for a reasonable amount, you may need to file a lawsuit in court.

A knowledgeable car accident and personal injury lawyer will help you navigate the process. By proving the four elements mentioned above, you may be eligible to receive compensation for:

• Your medical bills;
• Any lost wages if you were unable to work because of your injuries;
• Pain and suffering;
• Emotional distress;
• Losses based upon diminished enjoyment of life as a result of your injuries;
• Implications for your personal relationships with your spouse, children, and other loved ones; and,
• Other damages as allowed by law.

Call Now to Speak to a Skilled New York Car Accident Attorney:

Winter weather conditions may increase the potential for motor vehicle crashes in New York, but the risk of serious accidents persists throughout the year. If you were hurt or lost a loved one, you need solid representation to help obtain compensation to cover your extensive losses. Our team at The Mandel Law Firm will fight on your behalf throughout the process, from filing an insurance claim to initiating litigation in court. Please contact our office at (646) 779-1441 or go online to schedule a consultation with one of our experienced lawyers. 

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About the Author:

Steven Mandel