Driving through the streets of New York, where the hustle and bustle never stop, can be a challenge even on the best of days. But what happens when the weather takes a turn for the worse and causes a car accident? Will the driver be solely responsible, or will the weather complicate your claim? In this blog post, the team at Gabriel Law will be stepping into the shoes of a car accident lawyer in NYC and explaining how the weather can potentially impact your claim and what you need to do to protect your rights after the accident.
Table of Contents
How can bad weather affect your claim?
In times of bad weather, activities such as failing to reduce the speed of your vehicle in poor weather and low visibility, speeding on slippery roads, failing to yield the crosswalk to pedestrians, and distracted driving can all contribute to serious auto and pedestrian accidents. Given the circumstances, these acts can be deemed incredibly reckless or negligent and have serious consequences in terms of your legal rights.
Nevertheless, a person is able to claim compensation for car accident injuries under New York’s no-fault insurance. While no-fault insurance guarantees that you will receive compensation, there is nothing to specify the amount you should receive.
If any of the activities we’ve mentioned above contributed to a car accident during bad weather, injuring you in the process, your insurance company may present you with a reduced payout. They may cite New York’s pure comparative negligence law and point out that by, for example, failing to reduce your speed when the weather was poor, you share some of the blame for the accident that caused your injuries.
Alternatively, if your conduct has injured another person, that person could potentially file a personal injury lawsuit against you. However, such a lawsuit may only be filed if the plaintiff can prove that your negligence caused them one or more of the injuries that can be considered as a “serious injury” under New York insurance law.
Can you file a claim against the government for an accident that involved bad weather?
Normally, the principles of sovereign immunity prevent you from taking legal action against the government without their consent. However, New York has waived this right in cases of torts or civil wrongs, which means that you have the option to file an action against the government if you believe that they contributed to your car accident involving bad weather.
For example, if your car accident was the result of slippery roads in the winter, you could argue that the state failed in its duty to maintain the road in safe conditions. However, there is a major exception to this that takes the form of the storm-in-progress rule. Under this rule, the state cannot be held liable for an accident while a storm is in progress or for a reasonable time thereafter. We can define “reasonable time” as the time it should take for the city to discover the hazard and address the issue with reasonable care.
If you want to file a case against the state, you should also know that the procedure is different as compared to filing an insurance claim or lawsuit against another individual. First, you must submit a Notice of Claims within 90 days of the accident. If you fail to meet this deadline, you cannot take further legal action against the city. Afterward, if you haven’t been able to settle your case, you may file a lawsuit. The lawsuit filing must be done within one year and 90 days from the accident. In these situations, considering the complicated procedure you have to follow, retained expert legal counsel is an absolute necessity.
How can you document bad weather for your case?
Gathering the necessary evidence to support your claims as well as defend yourself against any accusation is crucial in accident cases involving bad weather. As such, some of the key steps you can take are
- Taking photographs and videos of the road
- Obtain the weather report for the day of the accident. You can obtain weather reports for free from the National Weather Service.
- Obtain a copy of the police report. The report should contain details about the weather at the time of the accident.
- Identify witnesses that may be able to help confirm the weather at the time of the accident and get their contact details.
Conclusion
When it comes to dealing with car accident cases involving bad weather, determining who is at fault is not always clear-cut. Bad weather can impact your rights and your ability to claim compensation following a car accident in many ways. When it comes to dealing with potentially complicating proceedings, having the right legal representation can make a major difference.
As a personal injury law firm in NYC, the team at Gabriel Law has had years of experience dealing with weather-related accident cases, and we are ready to help. Contact us and schedule a free consultation to tell your story, and we will fight to ensure that justice prevails.