Worby Vecchio Edelman, LLP

Winter Driving Accidents In Westchester County, New York

Dec 15, 2023 @ 10:10 AM — by Worby Vecchio Edelman, LLP
Tagged with: Car Accidents

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:

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:

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:

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:

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.

 


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Suffering a personal injury on the job, in a medical facility, at home, or in public can be emotionally and physically devastating. The personal injury lawyers at Worby Vecchio Edelman, LLP in White Plains, New York, can handle virtually any type of personal injury claim, including construction and workplace accidentsmotor vehicle accidents, and pedestrian accidents.

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