Unfortunately, not a day goes by that we don't witness someone in a
motor vehicle accident. It can be something minor like a fender bender or something more serious
such as a high-speed, head-on collision. There are many causes of car
accidents and while some accidents may be easily avoided, others may be
Experienced Kingston motor vehicle attorneys know that many needless accidents are caused by the negligence of another
driver and can be easily avoided. Whether a motorist is deemed negligent
in the use and operation of a motor vehicle depends on the totality of
However, it is important to understand that every motorist is required
by New York law to use reasonable care when driving in order to prevent
harm to another driver, passenger, or pedestrian. Failure to exercise
one's duty of reasonable care while behind the wheel translates into
a breach of duty and in turn, a possible claim of negligence.
Distracted driving is the top cause of car accidents in the U.S. today.
Careful driving requires full attention on the road but when commuters
become distracted, they divert attention from driving to another activity.
Technology has become the common foe of the road as more and more drivers
find themselves talking on their cell phones and texting while driving.
Also, switching the radio station, eating food, reading, applying makeup
and glancing over at other passengers in the car while engaged in conversation
easily distract drivers and can cause a
car accident. Such negligent driving can easily be avoided and simply staying focused
on the road can prevent an accident.
Another contributor to car accidents is a motor vehicle defect. These can
manifest in the form of a design defect, manufacturing defect, and improper
maintenance. A design defect occurs when there is a problem with the design
of an automobile part that makes it inherently dangerous to use such as
a poorly designed accelerator pedal.
A manufacturing defect occurs when an automobile part is improperly manufactured
and departs from the manufacturer’s intended design such as an incorrectly
installed floor mat that results in unintended acceleration.
Improper maintenance occurs when a driver fails to properly maintain the
vehicle such as having brake pads routinely inspected, tires changed,
and windshield wipers fixed. Drivers may be liable for
car-related injuries resulting from driving on bad tires or poorly working wipers.
Liability will typically be imputed to automakers if a design or manufacturing
defect causes a
motor vehicle accident. However, this does not mean a driver is off the hook. If the driver became
aware of such a defect or received notice from the manufacturer who offered
to make repairs, he or she can become liable for failure to have the defect
Inclement weather during winter months typically triggers motor vehicle
accidents and may occur despite a motorist exercising reasonable care.
Heavy snow and blizzards can create whiteout conditions that reduce the
visibility of motorists. Ice and slippery road conditions can quickly
cause spinouts and in turn, a
motor vehicle collision.
Such adverse weather conditions can be very dangerous and challenging to
drive in. Despite harsh weather and road conditions, a driver may still
be deemed negligent for failing to take extra precaution while battling
the elements. Motorist should drive more slowly on wet, snowy or icy roads
as well as keep a safe distance between vehicles. Drivers should also
engage their windshield wipers during rain or snow.
Roadway debris is another common cause of
car accidents. Government agencies are responsible for maintaining public roads and
highways in order to prevent harm to motorists. Liability is typically
imputed to government agencies for dangerous roadway debris, such as large
vehicle parts or other objects that caused an accident, if they were put
on notice of such danger but failed to remedy the hazardous conditions
in a timely manner.
Other causes of car accidents that impute liability to drivers for negligence
include driving under the influence of alcohol or drugs, running stop
signs and red lights, and reckless driving such as speeding, tailgating,
and changing lanes prematurely.
Our personal injury 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 car 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 theconvenient contact form here.