Winter brings with it numerous dangers on Upstate New York roads. The roads may be slick and icy. Drivers may not understand how to get out of a skid or may not slow down appropriately, given the hazards they face. Traffic may be stop and go. Some drivers do not prepare themselves for winter driving and have bald or inadequate tires. When you’re injured in a winter accident through the fault of another, it’s important to retain an experienced White Plains car accident lawyer to represent you in negotiations with the other driver, his insurers, and his attorneys. They are more likely to take your claim seriously if you have legal representation. Mark A. Siesel is a litigator with more than 35 years of experience dedicated to helping those injured through the fault of others. Give him a call or email him.Winter Accidents
Icy roads and poor visibility can result in serious multi-car crashes with many serious injuries. Cars handle differently on ice, and it’s important for drivers to be attentive to how to regain control of their vehicles in case they encounter a patch of black ice or a road that hasn’t been salted. The atmosphere can make it hard to see far ahead of a vehicle, which makes it crucial for drivers to slow down and to conduct maintenance on their cars before problems are encountered. If you have serious injuries after a winter accident, you may be concerned about how you’ll pay your medical bills and take necessary time off work. It is important to consult a lawyer who understands the potential causes of these accidents and how to hold the appropriate parties responsible for your damages, as well as an attorney who will fight the insurance companies to compensate for your injuries, lost earnings, and loss of earning capacity.Liability in White Plains
We can only recover compensation on your behalf if we can establish another’s liability for your serious injuries. In many cases, winter accidents are caused by negligent drivers. To establish negligence, we will need to prove it’s more likely than not: (1) the defendant owed you a duty to use reasonable care, (2) the defendant breached his duty to use reasonable care, (3) causation, and (4) actual damages.
All drivers owe a duty to use reasonable care to avoid injury to others with whom they share the road. Often drivers must be more careful during the winter than at other times because it takes more time to stop the car and drivers must be more attentive to sudden shifts in traffic and weather conditions. A jury would likely find another driver breached the duty to use reasonable care to avoid injury, for instance, if he was speeding on an icy road, lost control of his vehicle and crashed into you at an intersection where you had the right of way.
New York courts follow the rule of comparative negligence. When this doctrine is raised, the jury will look not only at the fault of the defendant, but also your fault, to see whether you are partially to blame for your own injuries. Any damages you win will be reduced by an amount equal to your proportion of fault for the accident. Needless to say, insurers for at-fault drivers have incentive to try to shift blame to the accident victim and protect their profits. They will scrutinize whether you were driving at an appropriate speed for weather conditions and whether your brakes and tires were in good repair.Damages
When our White Plains attorneys are able to establish a defendant’s liability for your serious injuries, we can recover damages on your behalf. These are usually compensatory, meaning they are intended to make up for what you lost, not punish the other driver. Compensatory damages can make up for both economic and noneconomic losses including:
- Medical bills,
- Lost wages and loss of earning capacity,
- Replacement services,
- Out-of-pocket expenses,
- Pain and suffering,
- Loss of enjoyment of life.
If your loved one died in a winter accident caused by another, we may be able to recover wrongful death damages, which are pecuniary losses arising out of the death.Hire Seasoned Winter Accident Counsel
It can be stressful to get into a car accident and be unsure of how you’ll pay your bills. In some instances, insurers attempt to deflect blame from their insured by claiming an accident was an emergency, the result of weather, and not preventable. When that happens, you’re at risk of getting no compensation, even when you suffer traumatic injuries. If were injured or a loved one was killed in a winter accident in Upstate New York, you should give fearless White Plains lawyer Mark A. Siesel a call. With 35 years of experience, Mr. Siesel can pursue your claim for damages at trial if a fair settlement is not offered. He represents accident victims in Brooklyn, Queens, and the Bronx, along with Westchester, Putnam, Kings, Orange, Dutchess, Sullivan, Rockland, Bronx, and Ulster Counties. Please contact us at (914) 428-7386 or complete our online form.