Winter Driving Accidents In Westchester County, New York By Worby Vecchio Edelman, LLP on December 15, 2023

Weather-related accidents are a significant concern in Westchester County, New York, due to the area's varied climate and frequent exposure to adverse weather conditions. According to data from the New York State Department of Motor Vehicles, weather-related factors contribute to an average of 2,300 accidents annually in Westchester County, accounting for approximately 10% of all reported crashes. The most common types of weather-related accidents in Westchester County include:

Snow and Ice-Related Accidents: Snow and ice pose significant hazards to drivers, increasing the risk of skidding, loss of control, and collisions. Snowstorms, freezing rain, and black ice can lead to multiple accidents, often involving multiple vehicles.
Rain-Related Accidents: Heavy rain can reduce visibility, impair driver judgment, and make roads slippery, increasing the likelihood of accidents. Hydroplaning, a condition where tires lose contact with the road due to excessive water accumulation, can also pose a significant risk.
High Winds: Strong winds can affect vehicle stability, particularly for taller vehicles like trucks and SUVs. Gusty winds may cause vehicles to swerve, roll over, or hit objects on the roadside.
Fog-Related Accidents: Fog reduces visibility, making it difficult for drivers to see approaching vehicles, pedestrians, and road markings. This can lead to rear-end collisions, head-on collisions, and other types of accidents.

Legal Liability for Accidents Caused by Snow or Black Ice

Determining legal liability in car accidents involving rain, snow, or ice can be complex and depends on the specific circumstances of each case. However, some general principles apply.

Duty of Care

All drivers have a duty of care to operate their vehicles safely and to avoid causing harm to others. This duty of care extends to driving in adverse weather conditions. Drivers are expected to adjust their driving behavior to account for the reduced visibility and traction caused by rain, snow, or ice.

Negligence

Negligence is the failure to exercise the degree of care that a reasonable person would exercise under the circumstances. In the context of car accidents, negligence can occur when a driver fails to take reasonable precautions to avoid an accident, such as:

Driving at a safe speed for the conditions
Maintaining a safe following distance
Using headlights in low-visibility conditions

Comparative Negligence

In some jurisdictions, the doctrine of comparative negligence applies to car accidents. This means that the fault for an accident can be apportioned among the parties involved. For example, if a driver is found to be 75% negligent and the other driver is found to be 25% negligent, the driver who is 75% negligent will be responsible for 75% of the damages.

Elements of a Negligence Claim

To prove negligence in a car accident, the plaintiff must establish the following elements:

The defendant had a duty of care to the plaintiff.
The defendant breached the duty of care.
The breach of duty caused the plaintiff's injuries or damages.
The plaintiff suffered actual damages.

Factors Affecting Liability

In addition to the factors mentioned above, other factors can also affect liability in car accidents involving rain, snow, or ice. These factors may include:

The severity of the weather conditions
The driver's experience and familiarity with driving in adverse weather
Whether the driver was following any applicable traffic laws or regulations
Whether the driver was taking any other precautions to avoid an accident, such as using hazard lights or avoiding unnecessary travel

Consulting with an Attorney

If you have been involved in a car accident in rain, snow, or ice, it is important to consult with an experienced attorney to discuss your legal options. The White Plains car accident lawyers at Worby Vecchio Edelman can help you understand the complex legal issues involved and can represent your interests in court. Our personal injury lawyers have a history of producing favorable results for clients in Westchester County and throughout New York.