Car accidents are a part of modern daily life. Most people will be involved
in a motor vehicle collision, if they haven’t been in one already.
Many different things contribute to
car accidents. They can be caused by roadway debris, related to inclement weather, vehicle
defects, and even distracted driving.
Experienced Kingston car accident attorneys know that some motor vehicle collisions are caused by the negligence of
a driver, while others are not. Determining whether or not a car accident
was caused by a negligent motorist will depend on the facts of the circumstance.
However, generally speaking, motorists must use reasonable care when driving
on Kingston roadways so that others are not harmed.
If this duty of reasonable care is breached, then it can be said that negligence
car accident. Some acts can amount to automatic negligence; driving drunk and causing
an accident, using a portable electronic device and causing an accident
are two good examples. While other accidents, such as those that which
occur during inclement weather, may or may not be attributed to a negligent act.
Debris can always be found on the roadway. It is easy for a car to run
over a rock and for that rock to be propelled into the windshield of another
car. Such a simple occurrence probably will not be attributed to negligence.
More is needed. Larger objects such as vehicle parts or objects purposefully
thrown from cars are circumstances where roadway debris accidents can
be attributed to negligence.
Since government agencies are charged with roadway maintenance, they can
be liable for roadway debris accidents if they were on notice of the dangerous
condition and had enough time to cure the hazard, but nonetheless did nothing.
The person that caused the debris to enter the roadway can also be held
liable for a motor vehicle accident.
There are two main reasons for inclement weather accidents; those accidents
that which were caused by the weather itself, and than those
accidents caused by negligence. The line dividing the two can sometimes be very thin. The difference
between the two will also be determined on the reasonableness of the people
operating the motor vehicles.
When the weather is bad, reasonable care requires motorists to alter their
driving. This means that motorists should engage their windshield wipers
during rain or snow; they should drive slower on wet, snowy, and or icy
roads. Foggy weather should also trigger an appropriate response from
When a motorist does not take safety precautions when driving in inclement
weather and another reasonable person under similar circumstances would
have taken such precautions, then the offending driver can be negligent
and liable for the accident.
Vehicle defects can be placed in one or more of three main categories.
The defect can be one of improper vehicle design. Of there can be a manufacturing
defect. Lastly, the defect can be from improper maintenance.
Typically motor vehicle manufacturers will be liable if a design and or
manufacturing defect caused an accident. However, if the driver was aware
of such a defect and the manufacturer offered to repair it, but the driver
did not timely have the defect repaired, then the driver can be liable
as well. Think about vehicle recalls where the driver was given notice
and an opportunity to have the vehicle repaired but did not.
But of course, vehicle defect accidents can be caused by vehicle owners
who drive on bald tires, with bad wipers, and the like.
This broad category
covers many accidents. Using a cell phone, picking up items off the car floor while driving,
looking at a passenger, applying makeup, eating, reading, playing with
the radio, looking at things that are outside of the car, simple lost
attention, and many more distractions cause accidents and are fitting
examples of when a car collision is caused by negligence.