Upstate New York and particularly the Poughkeepsie area has been hit with
another ferocious winter storm. Winter weather will certainly impact the
amount of car accidents occurring on Mid-Hudson Valley roadways. If you
have been injured in a
Poughkeepsie car accident that occurred during snowy and/or icy conditions, you should contact one
of our experienced car accident attorneys.
As a New York state motorist, you have a duty to avoid causing harm to
others. Motorists in other vehicles owe this duty to you as well. Specifically,
the duty requires you to use reasonable care under the circumstances,
as would any other prudent driver, so that you do not cause harm to others.
Bad weather conditions do not take away this duty. However, poor weather
conditions will play a factor in determining liability if there is an
accident on winter roadways.
New York Vehicle and Traffic Law Section 1180, “no person shall drive a vehicle at a speed greater than is reasonable
and prudent under the conditions and having regard to the actual and potential
hazards then existing.” This does not mean that automatic liability
will arise if one is driving too fast or too slow, but speed will be a
factor that a jury will consider when determining negligence liability.
The importance of that statute is that it clearly states how motorists
should adjust their vehicle speed to account for inclement conditions.
Motorists are required to reduce vehicle speed during inclement weather
and to maintain the appropriate distance from other vehicles so that control
over the vehicle is maintained. Poughkeepsie drivers cannot control snow,
sleet, freezing rain, strong winds, and the like. But how one operates
his or her own vehicle can be controlled, even when the weather is bad.
If you or a loved one was injured by a driver who negligently lost control
over a motor vehicle, call an experienced Poughkeepsie car accident attorneyright away.
If another driver breached his or her duty to safely operate their vehicle,
you have a certain amount of rights that accord you relief. First, if
the breach was the actual cause of your injury and you can demonstrate
that you have suffered damages, you should be able to sue the other driver
who will be responsible to compensate you for the loss.
Damages recoverable are the hospital costs and other medical costs that
you have paid to medical providers. Also included is lost wages, lost
of future income, and in some cases, the wages and income lost by a spouse
could be recoverable. In the most egregious cases, civil courts may also
award punitive damages to a plaintiff.
Our car accident attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston,
Newburgh where we have offices.
If you or a loved one has been injured in a personal injury accident, please
do not hesitate to contact us by calling 845-340-HURT (4878) or toll free
at 866-440-4452, or by using the
convenient contact form here.