Share

Bronx Personal Injury & Real Estate Blog

Saturday, October 31, 2020

Can I Sue If I’ve Been Hurt in a Car Accident in Which Bad Weather Played a Part?

Have you suffered a serious injury in a car accident that occurred during bad weather? If so, you may be under the misconception that because the crash occurred during a dense fog or snowstorm you cannot sue for damages. In fact, as long as the other driver’s negligence or recklessness was at least partially responsible for your injury, you should be able to file a successful claim.

Once you are receiving appropriate medical care, the most important step you can take is to contact a highly skilled car accident attorney. If you are in the greater New York City metropolitan area, Ryan S. Goldstein, lead attorney of the Law Office of Ryan S. Goldstein, PLLC is a wise choice. He has extensive experience in personal injury lawsuits and a track record of winning substantial damages for his clients.

Why Bad Weather Is a Factor in So Many Car Accidents

According to the U.S. Department of Transportation, bad weather is a factor in 20 percent of all traffic accidents. It is, however, rarely the only factor. Too many drivers are thoughtless or reckless enough not to alter their driving habits to accommodate bad weather conditions, no matter how hazardous.

As if the dangers of the road when it is slippery or obscured were not challenging enough, such drivers put themselves and all other drivers at terrible risk by speeding, weaving, or ignoring traffic signals. We have all seen a car speed past us during a blizzard, or a car abruptly change lanes when traffic is slowed by pouring rain. In some cases, drivers may also be drunk or otherwise impaired, incapacitating their thinking and reaction time. Some of us have had the misfortune of being hit by such drivers and suffering long-lasting harm. Some have endured the agony of losing a loved one to such a driver.

What a Strong Car Accident Attorney Can Do for You

Whatever harm you have suffered as a result of a bad weather car accident, a knowledgeable attorney can help you receive the damages you need for your medical bills, your lost income, your pain and suffering, or for being deprived of the support and companionship of a close relative by wrongful death. Ryan S. Goldstein will stick by you through all aspects of the legal process:

  • Investigating the site of the accident
  • Poring over the police reports and weather data
  • Examining your medical data
  • Interviewing witnesses
  • Consulting with experts who may be able to testify on your behalf
  • Representing you in all insurance negotiations and litigation

Having a sharp lawyer to defend your rights can make all the difference when it comes to obtaining the settlement you deserve.

Types of Bad Weather that Commonly Affect New York Drivers

We New Yorkers live in a climate, though much easier to bear than many across the globe, is subject to:

  • Heavy rain and thunderstorms -- Heavy rainfall makes pavement slippery and limits traction significantly so that cars may slide off the road, collide with other vehicles, float in sudden flood waters, or hydroplane out of control.
  • Dense fog -- Fog, because it is by nature patchy, has the ability to suddenly plunge drivers into near blindness, making accidents nearly unavoidable.
  • Snow -- Most winters, New York has at least a few heavy snowstorms. Slippery road conditions that occur even during light snowfalls increase the chances of accidents. During heavy snowfall: windshield wipers are ineffective, windows are quickly covered, headlights grow dim, and brakes and steering may not function properly. Heavy snowfall also covers traffic signs and signals, making the situation worse.
  • Ice -- Though a more common road cover as sleet during the winter, ice can also present a danger when it arrives as the summer hail that sometimes accompanies thunderstorms. In either case, ice not only increases skidding and sliding, but is a noisy distraction. Moreover, patches of “black ice” endanger drivers long after sleet has stopped falling.
  • Sun Glare -- Though not exactly designated “weather,” sun glare noticeably increases the chances of having an accident. During sunrise or sunset, when sun glare is precisely at the driver’s eye level, drivers can be quite literally “blinded.”

Bad weather is no excuse for driving poorly. If you have been severely harmed -- suffering a bone fracture, internal bleeding, loss of sight or hearing, a spinal cord or traumatic brain injury, of some other incapacitating trauma, you have the legal right to receive just legal compensation. Ryan S. Goldstein will work tirelessly to help you obtain it.

Pure Comparative Negligence in New York

Fortunately for you, New York works under the principle of “pure comparative negligence” which means that you can sue for damages even if you bear some fault for the crash that injured you. “Pure,” in this context, means that even if you are found to be over 50 percent responsible, you may still be awarded substantial damages, depending on the nature of your injury. The percentage of fault assigned to you by the court, however, will be deducted from your awarded damages.

Having the Right Car Accident Attorney Can Make All the Difference

If you have been seriously injured in a bad weather car accident, we know you are overwhelmed physically, emotionally, and financially. Just as you need the best possible medical care, you should make certain that you seek the best possible legal representation.


Archived Posts

2020
October
September
August
July
June
May
April
March
February
January
2019
December
November
October
September
August
July
June
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January



© 2020 Law Office of Ryan S. Goldstein, P.L.L.C. | Disclaimer
1084 Morris Park Avenue, 2nd Floor , Bronx, NY 10461
| Phone: (718) 239-0239

Practice Areas | Results | About Us

Law Firm Website Design by
Amicus Creative