The privilege of operating a motor vehicle in New York comes with the responsibility
to use reasonable and prudent care while driving as would any other person
under the same circumstances. Failing to act reasonably, not following
traffic regulations, and failing to see what there is to be seen may give
rise to liability if someone is injured as a result of negligent driving.
Experienced Kingston car accident attorneys know that more than 100,000 motorists and pedestrians are injured in roadway
accidents every year in New York, over a thousand of these people die
from their injuries. Moreover, our Kingston attorneys know that the duty
of care owed by motorists to other people on the road applies to all motorists,
whether driving a car, motorcycle, truck, or bus. Additionally, all persons
on the road must be cared for, whether they are another motorist, pedestrian,
bicyclist, or passenger.
There are many ways in which motorists can violate the standard of care
that is owed to other persons on the road and cause serious car accidents.
Driving while texting or talking on a phone, speeding, driving under the
influence of alcohol or drugs, drowsy driving, falling asleep at the wheel,
distracted driving, failing to adhere to traffic control devices such
as traffic signals, stop signs and yield signs. Many of these are forms of
distracted or impaired driving which bring about its own liability issues.
In addition to negligence based on disobeying traffic regulations, negligent
driving may result from a motorist’s failure to operate a vehicle
reasonably given the conditions present at the time of the accident. The
presence of rain, snow, sleet, ice, and/or fog will require the motorist
to alter the ways in which the vehicle is operated. The condition of the
road itself may require the motorist to drive more carefully if the driver
is aware of obstacles that require greater attentiveness.
Injuries caused to passengers on a bus or to drivers of other vehicles
caused by a negligent bus driver can result in
serious personal injury. Many of us have been a passenger on a bus. Whether the bus is a school
bus, used for local commuting or for long distance travel, conditions
within them may be cramped and may involve standing and/or walking about
the cabin. Moreover, most riders may not be using a seat belt, and it
is common for buses to not have seat belts at all.
Another unique aspect of bus traffic is their frequent stopping and starting,
and frequent boarding and unloading. They are large in size and motorists
not paying attention when around the bus may not see passengers getting
off of the bus. Additionally, negligent motorists who fail to stop for
school buses may not see a child crossing the street in front of the bus.
Bus operators are in a unique situation because of their passengers. As
you know, all motorists owe a duty of care to other motorists, but they
also owe a duty of care to their passengers. In terms of bus travel, the
bus operator will owe a duty to not cause preventable harm to each and
every one of their passengers. Moreover, special regulations may apply
to bus companies in regard to the maintenance of their fleet.
Trucking companies and truck drivers also must follow the general rules
of the road and special regulations that apply to their industry to guard against
trucking accidents. Moreover, they must operate their vehicles differently due to the vehicle’s
size and weight.
Trucking statutes regulate where a big rig may operate the vehicle; they
regulate break wear and tear; weight restrictions; cargo restrictions;
and even the amount of time a trucker is allowed to drive in a 24-hour
period. Additionally, records must be kept that report compliance with
these regulations. Therefore, driving responsible and prudently involves
may require much more care for the trucker as opposed to the ordinary
motorist. There are some common issues that you can discuss with our trucking
Motorcyclists find themselves in a more vulnerable position as compared
to motorists operating cars or trucks when they are involved in a
motorcycle accident. This is for obvious reasons; motorcycles do not have the protection of
being encased in an interior cabin.
Even though motorcyclists voluntarily expose themselves to this vulnerability,
they are still afforded the same degree of care that is owed to other
drivers. Car and truck drivers may wax eloquent about how difficult it
is to see motorcycles and to gauge their speeds, but nonetheless motorists
are charged with seeing what there is to be seen and even to hear what
there is to be heard.
The injuries suffered by motorcyclists can be much greater as compared
to other types of motorists, and as such liability will be greater for
the negligent driver. This is just another reason why motorists should
be on the lookout to avoid every accident that was avoidable had the driver