NYC sees a lot of rain each year. With rain comes wet roads, reduced visibility, and unpredictable driving conditions. Rainy conditions can turn even the most routine commutes into dangerous journeys. When accidents occur in rainy conditions, determining who is responsible can be tricky, requiring the help of an experienced New York City auto accident attorney. In this post, we’ll take a look at rainy weather car accidents, the rules that can apply to the accident, and what you need to do to protect your rights.
- How does wet weather contribute to car accidents?
- What types of car accidents are common in rainy conditions?
- Who is liable for rainy-weather car accidents?
- How can you claim compensation after a rainy weather accident?
- How does comparative negligence impact your compensation?
- What should you do after a rainy-weather accident?
- Conclusion
How does wet weather contribute to car accidents?
When it rains, visibility can drop significantly. This will make it difficult for drivers and pedestrians to spot lane markers, traffic lights, potholes, and other vehicles. At the same time, when the rainwater combines with dirt, oil, and grease on the road, it can create a slippery surface. When the road becomes slippery, traction will be reduced, requiring longer braking distances. The lack of traction also makes it difficult to control the vehicle, often resulting in uncontrollable skids and multi-vehicle crashes.
What types of car accidents are common in rainy conditions?
When there are rainy conditions, certain types of car accidents become more frequent. These accidents are:
- Rear-end collisions
- Sideswipe accidents
- T-bone accidents
- Vehicle spin-outs
- Multi-vehicle/Chain-reaction accidents
Who is liable for rainy-weather car accidents?
Depending on the facts and circumstances of the accident, the following parties can be considered responsible.
- Drivers – If the accident involved two private vehicles, the driver of the vehicle may be considered responsible for the accident.
- Vehicle owners – Even when the vehicle is driven by someone else, there are situations where the owner will be considered liable.
- Employers—If the at-fault driver was an employee and the accident occurred while in the course of employment, then the employee may be held vicariously liable.
- Private contractors/property owners—If the property owner or private contractor created unsafe road conditions, they can be held liable for the accident.
- Government agencies—If poor road conditions (e.g., potholes), poor road designs, or lack of maintenance contributed to the accident, the local authorities may share fault in the accident.
How can you claim compensation after a rainy weather accident?
In New York, if you want to claim compensation for damages suffered in a car accident, you must first speak to your insurance. Your Personal Injury Protection (PIP) coverage can help cover your medical bills, lost income, and other connected expenses up to $50,000. Since New York is a no-fault state, this compensation must be given, regardless of your fault in the accident. You can also claim additional compensation from the at-fault driver’s liability insurance.
If you’re looking to claim compensation for non-economic damages, then you need to file a personal injury lawsuit. You will be allowed to file a lawsuit if you can prove that you have suffered a “serious injury” or that the basic economic damage suffered exceeds $50,000. This lawsuit must be filed within three (03) years of the date of the accident.
If you are filing an action against a local authority, the process is a bit different. Before you file a lawsuit, you must first file a Notice of Claims within 90 days of the accident. The notice informs the authority of your intention to sue and also gives both parties a chance to settle out of court. If you fail to settle, a lawsuit must be filed within one year and ninety days.
How does comparative negligence impact your compensation?
In New York, the pure comparative negligence rule can apply to car accidents when all the parties involved must share the blame for the accident. Under this rule, any compensation that a person receives from the accident must be reduced by an amount that reflects their fault in the accident.
For instance, consider an accident involving drivers A and B. At the time of the accident, A was speeding, while B was running a red light. According to the accident report, A is 60% responsible, while B is 40% responsible for the accident. Both parties are claiming $50,000 in damages. If A and B receive the compensation, A’s compensation will be reduced by 60% while B’s will be reduced by 40%.
Comparative negligence will not affect your no-fault compensation. However, it can affect any compensation you claim beyond the no-fault benefits.
What should you do after a rainy-weather accident?
To protect your rights and increase your chances of walking away with a favorable settlement, here’s what you need to do:
- Call 911 to report the accident.
- If injured, receive medical attention, no matter how small the injuries may be.
- Document the scene and gather evidence.
- Exchange contact and insurance information with the other drivers involved.
- Contact an accident lawyer in New York to understand your rights and liabilities.
- Contact your insurance company and inform them about the accident.
Conclusion
Rainy weather can turn an ordinary commute into a dangerous journey. If you are involved in a rainy weather accident, remain calm, follow the proper steps, and get in touch with your attorney. If you are looking for an experienced car accident lawyer in NYC to protect your rights and get you the compensation you deserve, then Gabriel Law is the personal injury law firm in NYC for you. Contact us today and schedule your free consultation. Don’t let the weather dampen your spirits—Gabriel Law is here to help.
