Just last week, Poughkeepsie and the rest of the Mid-Hudson Valley region
received almost two feet of snow. Accidents this time of year are common,
but considering the severe weather that just occurred recently, more accidents
than normal occurred and will continue to occur as the snow melts and
has the opportunity to refreeze into ice. If you or a loved one has been
injured in a
Poughkeepsie car accident, you should contact an experienced car accident attorney to see if the
accident was due to negligent driving.
All drivers owe a duty of care to other motorists to operate his or her
vehicle in a reasonable manner as would any other prudent person under
the circumstances. If this duty was breached and the breach caused your
injuries, then you may be able to receive compensation for your personal damages.
Sometimes unforeseeable and abrupt incidents arise which gave rise to an
accident. In those cases, a legal concept known as the “Emergency
Doctrine” might preclude liability. Attorneys experienced in car
accident cases will know when the emergency doctrine will apply and will
be able to determine if you can or cannot recover compensation from the
alleged negligent driver. These experienced attorneys will also know how
to get around the emergency doctrine to ensure your recovery.
In order for the emergency doctrine to apply, the offending party may not
have created the emergency that caused the accident. Therefore, the emergency
must be sudden, unforeseeable, and not created by the driver. There must
not have been any time for the driver to deliberate on possible alternative
courses of action.
Consider the following example brought to us in a New York case titled,
Caristo v. Sanzone. In that case, the New York Court of Appeals held that the lower court
wrongly allowed the jury to consider the emergency doctrine so that the
defendant could avoid liability. The defendant was driving on snowy and
icy roadways and he was fully aware of the road and weather conditions.
He skidded into an intersection making it unavoidable for the plaintiff
to avoid colliding with his vehicle. The court held that “the presence
of ice on the hill cannot be deemed a sudden and unexpected emergency”
because the defendant knew about the inclement weather conditions.
This case shows that even though the driver did not create the hazard,
the icy roadway was something that could be foreseen. Moreover, a driver
may not simply blame bad weather for causing an accident. Poughkeepsie
motorists must still drive in a reasonable manner no matter what the road
conditions are which he or she was aware of or should have been aware of.
Also remember that you may be entitled to receive compensation for your
injuries, both to your person and property, as well as for lost wages
and loss of future earning potential. Additionally, New York courts limit
the time frame within which you may commence a suit to recover your damages.
Therefore, it is imperative that you contact an experienced Poughkeepsie
car accident attorneytoday.
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.