Founding Attorney
As winter blankets New York in a serene layer of snow, the picturesque scenes often come with a heightened risk of car accidents. Navigating the aftermath of a collision during snowy conditions can be complex, especially when determining fault. Let’s take a look at the key factors that come into play when assessing responsibility in a car accident during snowy weather.
I was injured in a car accident during snowy conditions. Who is at fault?
In any car accident, including those that occur in snowy conditions, the fundamental principle of negligence plays a crucial role. All drivers have duty to exercise reasonable care while operating a vehicle, adjusting their driving behavior to account for the weather conditions. Failing to do so may constitute negligence, which can be a determining factor in establishing fault.
There are a number of reasons why a driver may be considered to be partially or wholly at fault due to failing to account for snowy conditions. For instance, they may have failed to adapt their driving speed to the weather conditions. One of the primary causes of accidents during snowy conditions is the failure to adjust driving speed. New York law requires drivers to operate their vehicles at speeds that are reasonable and prudent under the given circumstances. When roads are covered in snow and ice, driving too fast for these conditions can be considered negligent, potentially leading to liability for the driver who failed to adjust their speed.
Vehicle maintenance is also crucial for safe winter driving. Drivers are responsible for ensuring that their vehicles are equipped with appropriate tires, functioning brakes, and other essential components to handle snowy conditions. If a car accident occurs due to inadequate maintenance or faulty equipment during snowy weather, the driver may be held accountable for negligence.
Visibility is often compromised during snowy conditions, which makes it essential for drivers to use headlights and signals to communicate their intentions on the road. Failure to do so can contribute to accidents. A driver who neglects to use these safety features may be found at fault for causing an accident.
As you can see, determining fault in snowy conditions is comparable to determining fault under any weather conditions. It requires an account of the totality of the circumstances. Whose actions, under the circumstances, were negligent? This will guide you to the determination of who could be held at fault for causing the accident. Also, be mindful that New York follows a comparative negligence system, meaning that fault can be distributed among multiple parties involved in an accident. Even if you bear some responsibility for the collision, you may still be eligible for compensation, albeit potentially reduced according to the percentage of fault you have been assigned.
Personal Injury Attorney
Navigating the aftermath of an accident during snowy conditions requires a careful examination of the circumstances to determine fault. If you have been injured in a car accident this winter, reach out to the office of Attorney Michael LoGiudice for assistance navigating this often confusing and complex process. Contact us today.