Earlier this month in Bayside, a child and her mother were killed in a
car accident. Another child was left in critical condition, so too was an adult passenger.
The accident reportedly happened as a result of one driver driving too
fast. The driver of an SUV was reportedly driving at an unsafe speed,
crossed median lines, and crashed into the vehicle that which contained
Our experienced Newburgh car accident attorneys empathize with the victims and their families. Too many of these types
of accidents happen on New York roadways. Whether or not the driver mentioned
in the news reports was in the wrong is something that is beyond the scope
of this post.
With that said, speeding goes against the laws of New York State. It also
violates a motorist’s duty to other drivers. Even if a motorist
is driving below the speed limit, they can be still be driving too fast
because of the weather and/or roadway conditions.
The duty to which we refer is an obligation carried by all drivers. This
duty requires all drivers to use reasonable care when driving, as would
any other prudent motorist. This requires drivers to obey traffic laws
and to adjust their vehicle’s operation based on roadway and traffic
conditions. What can be seen must be seen, and what can be heard should
probably be heard.
Let us consider a hypothetical example. Susie is driving home after a long
day at work. She is thankful for the day to be done. She also enjoys the
traffic free commute home; she does not leave the office until seven and
the roadways are virtually clear.
She is going 35 mph in a 30 mph speed zone when a motorist pulls out of
a side road, directly in front of her. She is unable to stop in time; a
motor vehicle collision occurrs.
Now, let us change a fact. There is heavy fog that night. Everything else
is the same.
In the first instance, which party is negligent? Are they both negligent?
Susie was slightly speeding and the other driver pulled out in front of
her when waiting was the better option.
Making it a foggy night changes everything. It is fair to say that exceeding
the speed limit, even a little bit, is unreasonable in heavy fog conditions.
Driving below the speed limit is reasonable and prudent in fact. In this
instance, Susie has exposed herself to liability on account of negligence.
Speeding by itself may be enough to generate negligence; but negligence
will more likely be determined on account of the totality of the circumstances
that which were in play when the accident happened.
Learn more about the common types of car accidents in
our latest article posted here. Read more about rear-end motor vehicle collisions in
our blog posted here.
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 the
convenient contact form here.