Winter weather can impact driving conditions in New York when snow, ice, and freezing rain create dangerous situations. Despite weather challenges, drivers are legally required to operate their vehicles safely and adjust as necessary to winter conditions.
Winter weather can also affect liability in a car crash. If you are involved in an accident, an experienced attorney can sort out liability, file insurance claims, and build a strong case for compensation on your behalf. The skilled New York car accident attorneys at Richmond Vona understand winter weather accidents and can protect your rights after a crash.
ON THIS PAGE
- Common Weather Factors Leading to Crashes
- How Winter Weather Affects Liability in New York
- Proving Negligence in Weather-Related Crashes
- How New York’s Comparative Negligence Law Affects Winter Weather Accident Cases
- Who Pays for Damages in a Winter Weather Car Accident?
- How Is Fault Determined in a Chain Reaction Accident?
- What Happens if Snow From Another Vehicle Obstructs My View and Causes an Accident?
- Could the City Be Liable if the Roads Weren’t Properly Plowed?
- Insurance Considerations in Snowy Conditions
- Contact Richmond Vona for Snow-Related Auto Accidents
Common Weather Factors Leading to Crashes
Many parts of New York experience severe winters every year, and even milder parts of the state are at risk of poor winter road conditions. Weather factors that contribute to accidents in New York include:
- Snow and ice – Snow and ice lead to decreased traction and visibility, making it more difficult to control and stop your car quickly to avoid accidents.
- Black ice – Invisible patches of ice make roads dangerously slick. “Black ice” forms more quickly on and under bridges and on roads that receive less traffic or sun exposure.
- Freezing rain – Roads quickly become slippery in freezing rain, affecting your ability to maneuver and make quick stops. It can also affect visibility.
Roads in many parts of New York become challenging when winter conditions hit, and even the most cautious drivers can have difficulty controlling their vehicles. Reduce your speed, clear your vehicle of ice and snow, and leave enough space between yourself and other vehicles to come to a safe stop. Failure to adjust to inclement weather may increase your liability in the event of an accident.
How Winter Weather Affects Liability in New York
Drivers in New York should account for bad weather to avoid liability in accidents. New York traffic laws that can affect liability in a winter weather car accident include:
- Speeding – The law requires drivers to maintain a reasonable and prudent speed based on weather.
- Following too closely – Drivers must also maintain a reasonable and prudent distance given speed, traffic, and road conditions.
- Windshield wiper and headlight use – Any time drivers use their windshield wipers due to weather conditions, they must turn on their headlights.
- Failure to maintain a vehicle – Every motor vehicle on public highways must have adequate equipment in working order, such as brakes, steering mechanisms, turn signals, horns, and wipers.
- Illegal lane changes – Drivers cannot move from their lane until the change can be made safely, which may differ on snowy or icy roads compared to normal conditions.
Proving Negligence in Weather-Related Crashes
Fault in winter car accidents is normally based on negligence. To prove negligence, you must demonstrate that the defendant breached their duty to use reasonable care, directly causing the accident and your resulting damages. In other words, your attorney must prove that the other driver did not act as a prudent driver would have in the same situation (e.g., speeding or following too closely).
This may be straightforward if the other driver clearly violated the law, but that isn’t always the case. Evidence of road and weather conditions at the time of your accident can help prove negligence. This may include police reports, weather apps, news reports, traffic camera footage, accident reconstructions, and witness testimony.
How New York's Comparative Negligence Law Affects Winter Weather Accident Cases
Even if weather conditions played a role in an accident, drivers can be liable for not adapting to road conditions. Under the New York pure comparative negligence law, plaintiffs can collect damages in a lawsuit even if they were partly to blame for their injuries.
However, their percentage of fault reduces their compensation proportionately. For example, if you were 20 percent to blame in a crash, you could collect 80 percent of your damages.
Fault can be shared by one or more parties, including yourself, the other driver, and third parties that may have been involved. Our attorneys strive to maximize our clients’ compensation by pushing back against wrongful accusations of fault.
Who Pays for Damages in a Winter Weather Car Accident?
New York is a no-fault insurance state, so you must turn to available personal injury protection (PIP) coverage to cover basic economic damages, such as medical bills and lost wages. Minimum car insurance requirements in New York include $50,000 in PIP coverage.
If you suffered a serious injury or economic loss over $50,000, you can also file a personal injury lawsuit or auto liability claim against the other driver. If the other driver was at fault in your crash, their liability coverage pays for damages that exceed PIP limits. If their liability coverage isn’t enough to cover your full damages, you can also turn to any UM/UIM coverage included in your policy.
Health insurance is also a viable option to cover medical expenses, though your health insurance provider may demand reimbursement if you receive compensation through other sources. Collision coverage may also pay for property damage.
How Is Fault Determined in a Chain Reaction Accident?
Because winter weather can make it difficult to control and stop your vehicle, it often contributes to chain reaction car accidents involving multiple vehicles. Determining liability in these accidents can be tricky. For example, a following driver in a chain may have been going too fast for weather conditions and rear-ended a car behind you, pushing it forward into yours. Unsafe lane changes can also trigger a chain reaction accident.
What Happens if Snow From Another Vehicle Obstructs My View and Causes an Accident?
Drivers should do their best to clear snow from their vehicles to ensure an unobstructed view. They could also potentially be liable if snow flies off their car and causes an accident. Depending on the circumstances, failing to clear snow and ice may amount to actionable negligence. In these scenarios, our attorneys can evaluate the available evidence to determine if you have a viable case.
Could the City Be Liable if the Roads Weren't Properly Plowed?
The government is responsible for maintaining roads in a reasonably safe condition for travel. However, suing the government is tricky, and proving that the responsible agency did not remove snow or ice within a reasonable period after a winter storm can be difficult. You need an experienced attorney to take on the challenge. Richmond Vona has the skills, resources, and expertise to handle complex claims against the government.
Insurance Considerations in Snowy Conditions
It is essential to understand the terms of the governing insurance policies after an accident caused by snowy or icy conditions. Potential coverage sources include PIP, auto liability, UM/UIM, collision, comprehensive coverage, and health insurance. Our attorneys can help you evaluate the language in the applicable policies to maximize your compensation.
You must also comply with the deadlines for filing your claims. For example, you must submit your no-fault PIP claim within 30 days of your accident. You must also submit claims for medical expenses within 45 days of treatment.
Protect yourself by seeking prompt medical attention, thoroughly documenting your crash, and contacting an attorney as soon as possible. You will need evidence of your medical bills and lost time from work to collect PIP benefits. You must also prove the other driver’s fault to claim compensation through their auto liability coverage.
Contact Richmond Vona for Snow-Related Auto Accidents
Ice and snow can affect liability in a car accident, and winter weather car accident cases are often difficult to sort out. Our skilled New York car accident lawyers are here to evaluate liability and navigate the complexities of your case. At Richmond Vona, we assign dedicated teams to each client to ensure individualized service and an open line of communication. Contact us online or call (716) 500-5678 to schedule your free consultation today.
