Snow-related car accidents in New York can be both physically and emotionally taxing. Snow is fun until it's not, right?
With winter rapidly approaching in New York, preparedness, caution, and understanding the right steps to take post-accident are crucial.
While the immediate aftermath can be chaotic, it's essential to remember the importance of seeking legal advice. Having a legal representative can significantly influence the outcome of any claims made if you were injured in a snowy car accident.
As the weather conditions change, so does the safety of our roads. This is especially true across super snowy areas in Upstate New York like Syracuse, Buffalo, and Rochester.
What is New York's No-Fault Rule?
New York operates under a unique system when it comes to car accidents: the no-fault rule. But what does this mean for you?
The no-fault rule means that regardless of who caused the accident, each driver turns to their own insurance company for compensation. This system is designed to expedite the process, ensuring that victims receive timely medical care and compensation for lost earnings without the need for lengthy legal battles.
For instance, if you're involved in a snow-related accident, your immediate concern would be your well-being. Under the no-fault rule, you can quickly get medical attention without waiting to determine who was at fault. Your insurance will cover your medical expenses and any earnings you might lose due to the accident.
What are the Exceptions to New York’s No-Fault Rule?
While the no-fault rule simplifies many aspects of post-accident procedures, there are exceptions. One of the primary exceptions revolves around the severity of injuries sustained.
According to New York law, not all injuries are created equal. Some are deemed "serious" and can open the door for victims to take legal actions against the at-fault party. But what constitutes a "serious" injury? The law is clear on this: death, dismemberment, significant disfigurement, and a few other conditions fall under this category.
If you or a loved one has suffered a serious injury, it's essential to know your rights. You might be eligible to pursue a claim against the at-fault driver, seeking compensation beyond what the no-fault rule provides.
How Does Weather Affect the Determination of Negligence in Snow Accidents?
Weather conditions are used to determine the threshold for 'reasonable care' for car accidents.
Negligence, in legal terms, is measured by what is called reasonable care. Under normal circumstances, reasonable care might mean following traffic rules, not texting while driving, and maintaining a safe speed. But what does "reasonable care" mean when the roads are slick with snow or visibility is reduced due to a blizzard?
During adverse weather conditions, the definition of reasonable care changes. It's not just about following the usual rules; it's about adapting to the environment. New York drivers are expected to take additional precautions to ensure their safety and the safety of others on the road. Failing to adjust one's driving behavior to account for these conditions can be seen as negligence.
What Can You Do to Avoid Winter Car Accidents?
- Avoid driving during storms: If possible, stay off the roads during heavy snowfall or storms. If you must drive, be extra cautious and reduce your speed. Try to wait for plows to clear the snow off busy roads.
- Proper tire inflation: Ensuring your tires are adequately inflated can provide better traction on slippery roads.
- Clean headlight covers: Clear headlights can improve visibility, making it easier for you to see and for others to see you.
- Removing snow from the car roof: Snow can slide off and obstruct your view or the view of another driver, especially if going fast.
- Installing snow tires: These are designed to give better grip on snowy and icy roads.
- Ensuring working windshield wipers: Good wipers can drastically improve visibility during snowfall.
- Maintaining adequate wiper fluid: This helps in clearing the snow or sleet that sticks to the windshield.
- Avoid alcohol: Driving under the influence is dangerous, especially in challenging winter conditions. Always have a designated driver or do not drive your own car if you plan to consume alcohol.
- Keep emergency supplies: Always have an emergency kit in your vehicle, including items like blankets, water, a flashlight, and a first-aid kit.
What are the Common Weather-Related Accidents in New York?
New York's diverse climate, especially during the winter months, can lead to a variety of weather-related accidents. In the U.S., over 70% of roads are located in snowy regions, which receive more than five inches of average snowfall annually. This impacts nearly 70% of the U.S. population.
Each year, 24% of weather-related vehicle crashes occur on snowy, slushy, or icy pavements, resulting in over 1,300 deaths and more than 116,800 injuries.
- Rear-End Collisions: Slick roads due to ice or snow can reduce tire traction, making it harder for vehicles to stop in time, leading to rear-end crashes.
- Slide-Offs: Vehicles can slide off the road, especially on curves or ramps, when drivers misjudge the road conditions or if the road hasn't been adequately cleared of snow and ice.
- Visibility Accidents: Heavy snowfall or fog can drastically reduce visibility, causing drivers to collide with other vehicles, pedestrians, or obstacles they can't see in time.
- Intersection Accidents: Ice-covered intersections can be particularly treacherous. Drivers might slide into the intersection, leading to side-impact or "T-bone" collisions.
- Bridge and Overpass Freezes: Bridges and overpasses tend to freeze before other parts of the roadway. Unaware drivers might encounter these icy patches suddenly, leading to loss of control.
- Multi-Vehicle Pile-Ups: Reduced visibility and slippery roads can lead to chain-reaction crashes, especially on highways, involving multiple vehicles. These generally happen every year especially when a storm comes out of nowhere.
- Pedestrian Accidents: Snow and ice can make it challenging for vehicles to stop, increasing the risk of hitting pedestrians, especially at crosswalks.
What Factors Contribute to Winter Accidents?
- Reduced pavement friction
- Reduced maneuverability
- Slowed speeds and reduced roadway capacity
- Reduced visibility during snow and sleet storms
The Impact of Holidays on Winter Accidents
The holiday season, while a time of joy and celebration, also sees an increase in driving. Many New Yorkers travel across the state to spend time with their families, attend parties, or go on vacations. This increase in road traffic, combined with winter weather, can be a recipe for accidents.
Holiday celebrations often involve alcohol. The combination of alcohol consumption and challenging driving conditions can increase the risk of accidents. Make sure to be extra cautious during this time and consider alternatives like designated drivers or ride-sharing services.
What are the Common Injuries Sustained in Winter Car Accidents?
The impact of a collision on icy roads or during a snowstorm can lead to severe injuries, some of which can have life-altering consequences. It's crucial to seek immediate medical attention after a winter accident, even if you feel fine. Some injuries, especially traumatic brain injuries, might not show symptoms immediately but can have long-term consequences.
Injuries commonly resulting from winter auto accidents:
- Traumatic brain injuries (TBI)
- Broken bones or fractures
- Spinal or neural damage
- Road rash or burns
- Paralysis
What Should You Do After a Winter Car Accident?
Winter roads in New York can be treacherous, and accidents, unfortunately, are not uncommon. If you find yourself in such a situation, it's essential to know the steps to ensure your safety and protect your rights:
- Immediate Aftermath: After an accident, emotions can run high. It's crucial to stay calm, assess the situation, and ensure everyone's safety. If injuries are present, call 911 immediately and prioritize the well-being of the injured.
- Document the Scene: Once you've had some time to process the event, document the accident scene. Use your phone to capture photos or videos of vehicle damages, road conditions, and any other relevant details that might have been missed initially.
- Report the Accident: If you haven't already, report the accident to the local authorities. They can provide necessary documentation that might be needed for insurance or legal purposes.
- Consult with an Attorney: Depending on the severity and circumstances of the accident, it might be beneficial to consult with a legal expert. They can guide you on the best steps to take, especially if there are disputes about the accident's cause or if you're seeking compensation.
- Contact Your Insurance: Inform your insurance provider about the accident. Provide them with all the necessary details and documentation to process any claims.
What are the Damages Recoverable in Weather-Related Accidents?
- Lost wages: If the accident has rendered you unable to work, either temporarily or permanently, you may be compensated for the wages you've lost during that time.
- Medical expenses: This includes costs for hospital stays, surgeries, doctor visits, and any other medical treatments resulting from the accident.
- Replacement services: If you've had to hire someone to do tasks you previously did, like housekeeping or childcare, those costs might be recoverable.
- Future medical care costs: If the accident has led to injuries requiring long-term care or future medical treatments, those projected costs can be claimed.
- Mental anguish and prescribed medicines: The trauma from an accident can lead to psychological distress, for which you can seek compensation. Additionally, any medications prescribed due to the accident can be included in the claim.
- Pain and suffering: This pertains to the physical pain and emotional distress suffered because of the accident.
- Diminished life enjoyment: If the accident has affected your ability to enjoy life or partake in activities you once loved, you might be entitled to compensation for that loss.
How are Damages Calculated in Winter Car Accidents?
Calculating the total damages after an accident is a thorough process. Proper documentation is crucial:
- Police reports: These provide an official account of the accident, which can be essential in establishing fault and detailing the event.
- Medical records: Documentation from doctors, therapists, and other medical professionals can validate the extent of your injuries and the treatments required.
- Expert testimonies: In some cases, medical or financial experts might be consulted to project future costs or validate the extent of injuries. This is a major reason why you should contact an attorney if you’ve been injured in a car accident.
Seeking Legal Help After Weather-Related Accident in New York
It's essential to consult with legal professionals who can guide you through the complex process of claiming damages. We offer free case evaluations and work on a contingency basis– so there's no fee unless you win.
Having legal representation can be valuable in ensuring a fair outcome. Whether it's negotiating with insurance companies or representing you in court, a lawyer from the Porter Law Group can advocate on your behalf, ensuring your rights are protected and you receive the compensation you deserve.
Contact us at 833-PORTER9 or send us an email at info@porterlawteam.com.
