Summer is upon us, colleges completed their spring semesters several weeks
ago, and now primary and secondary schools are closed for the summer.
This means that families are traveling the roadways on vacation, and older
youth are driving around having fun with friends experiencing new things.
In fact, students and young adults are more impulsive as compared to older
motorists and are at the highest risk for being involved in a motor vehicle accident.
Experienced Kingston personal injury attorneys also know that there are accidents unique to the summer season, such as
motorcycle accidents, swimming pool accidents, boating accidents, and
amusement park accidents. While these types of accidents occur outside
of summer as well, the Hudson Valley regions of New York will expect to
see sharp increases in said accidents.
Reasonable care must be used when operating a motor vehicle; the same type of care that any other prudent motorist would use when
driving under similar circumstances. The same standard applies whether
driving a car or motorcycle.
If a motorist fails to see a motorcycle when the motorcycle was able to
be seen, and a collision occurs, the offending motorist can be liable
for the biker’s injuries. Likewise, if a motorcyclist is not obeying
the rules of the road, and a collision occurs, the motorcyclist can be
held accountable for injuries to other motorists and or pedestrians. If
there is a
collision between a motorcycle and a motor vehicle, each party can be held to their relative degrees of culpability. Therefore,
even if one party is partially at fault, that party should not fear commencing
litigation because there is still an opportunity to recover for one’s damages.
Summer Swimming Pool Accidents
Several thousand swimmers die in drowning accidents across the United States
every year. Any number of these could have been prevented had the pool
area been free from defective equipment and or if life guards were present
Owners and or operators of swimming pools are responsible to ensure the
safety of swimmers by keeping the swimming area safe, by warning of danger,
and by employing life guards. The duty to properly maintain the pool is
a responsibility held by owners of private pools and owners or operators
of public pools alike.
Any time a
swimming pool accident occurs, people will ask if something could have been done to prevent the
injury; if something should have been done to prevent the accident. Investigations
will reveal who those parties are. If the injury wasn’t related
to defective equipment or other unsafe physical conditions, an investigation
will inquire as to whether or not the injured party was negligently supervised.
Summer Boating Accidents
New York has an abundance of natural resources available for boating enthusiasts.
Whether it is the Hudson River, or lakes around the Mid-Hudson Valley
region, it doesn’t take long to find a waterway on which to operate a boat.
Unfortunately, where there is fun, there is also tragedy. There are somewhere
around 5,000 boating accidents every year and deaths from such accidents
claim almost a thousand victims yearly.
Boating accidents are almost always preventable. The cause could be due to inattention,
speeding, inexperience, and or operating the craft under the influence
of drugs and or alcohol.
Also consider the weather and how extreme weather makes operating a craft
less prudent. Additionally, lack of safety gear, such as life jackets
and safety rafts, can be the basis of negligence. Note that having GPS
and other types of activities can reduce one’s chances of death
or serious injury.
Amusement Park Accidents
Whether the amusement park is a small, local operation, or a seasonal seaside
attraction, or a large scale corporate, year-around operation, the owners
and operators of these businesses are responsible to keep the rides safe
and the riders safe from foreseeable and preventable injuries.
Negligence can arise when the amusement park operator failed to do what
should have been done to prevent the injury that occurred from happening.
Managers of amusement parks can also be charged with negligence. Even
those persons charged with inspecting amusement park rides can be held
liable under a theory of negligence if that person failed to do what should
have been done. The negligence can be inadequate training, maintenance,
and or operation. In any of these, an injured amusement park visitor can
recover damages in a court of law.