After reading our other posts, you are fully aware that all motorists must
use reasonable care when operating a vehicle as would any other prudent
driver so that other pedestrians and motorists are not injured.
As experienced Poughkeepsie car accident attorneys we know that the law
is on your side if you have been injured by a motorist who failed to keep
their windows free of obstructions. Reasonable care requires drivers to
see what there is to be seen and anything on a window that obstructs the
ability to see must be removed, even if this requires safely stopping
the vehicle to remove the obstruction.
If it is impossible to safely stop the vehicle, then reasonable care requires
that the driver take adequate precautions depending on the circumstances
to carry on with the care commensurate with the circumstances.
Motorists making sure that their vision is not obstructed make sure that
windows are free from snow, ice, rainwater, dew, fogging, and dirt. Other
obstacles are hazardous as well. Consider having boxes or other objects
piled so high in a vehicle that windows are obstructed. Section 1213 of
the New York Vehicle and Traffic Law adds further requirements.
Section 1213 dictates that the number of people riding in the front seats
of a vehicle should be limited so as to not cause the driver’s view
to be obstructed. This law limits the number of front seat passengers
to only three persons unless there is eighteen inches of seating capacity
for each occupant in the front seat. This regulation applies to back seat
passengers as well even though the statute doesn’t specifically
In total, the above means that drivers must maintain their vehicles in
proper working order. Windshield wipers must be in good repair and adequate
for keeping the windshield clean and clear. Defogging devices must be
adequate and repaired when malfunctioning. Motorists must be responsible
and equipped with the mindset to keep the vehicle safe; in short, stop
or slow down if the line of sight is limited. And of course keep passengers
and other objects out of the line of sight.
If a motorist owed you a duty to see what there was to be seen and to drive
with reasonable, prudent care and subsequently breached that duty, you
can recover for your damages. If your injuries caused you pain, suffering,
monetary loss, etc. and the breach was the proximate cause of your damages,
an action in negligence is warranted. The statute of limitations for negligence and
car accidents that result in personal injury is three years from the date of the negligence.
Visit our latest article here covering these details here and return each
day this week for more information. Also look through our blog for the
first blog post this week regarding your duty to see what there is to
be seen with the proper use of your senses available at our blog here,
and yesterday’s blog post about what to do if you were hit by a car.
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, Poughkeepsie,
and Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. 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.