Winter Car And Truck Accidents Lawyer NYC

New Yorkers have to deal with cold and harsh wintery conditions, thanks to the state’s geographical location as one of the northernmost regions in the country. Winters are synonymous with blinding snowstorms and an increased likelihood of driving accidents. Nearly 24% weather-related car crashes take place on slushy, snowy and icy pavement as per federal data. Another 15% of these auto accidents occur during sleet or snow storms.

Winter car accident with distressed victim

Seeking Compensation for Winter Car and Truck Accidents

If you or a loved one has been injured in a winter car or truck accident in New York due to another’s fault, you could be entitled to substantial compensation for your injuries and losses. Our dedicated winter car and truck accident lawyers in NYC, led by top-rated attorney Michael S. Lamonsoff, will fight for your rights and help you get justice.

No-Fault Insurance Rule in New York

New York is a no-fault insurance state, which means you are entitled to receiving medical coverage, lost income, and some other out-of-pocket costs up to a limit in the event of your injury in a winter car or truck accident – irrespective of who was at fault. However, a large part of financial compensation typically is related to pain and suffering.

To obtain these damages, the no-fault law requires you to prove that you suffered significant injuries and experienced pain and suffering. This involves evaluation of your hospital and medical records, apart from consultation with medical professionals. New York winter car and truck accident attorney Michael S. Lamonsoff and his team are equipped to handle these legal requirements to get you your rightful compensation. Call us today for a free case evaluation.

Pure Comparative Negligence Rule in New York

In winter car and truck accident cases in New York City, it is often possible that both parties are partly to blame for the crash. Under the pure comparative negligence rule in New York, you do not have to prove that the negligent driver that caused your winter accident injuries was entirely at fault. You are entitled to recover damages from the other party to the extent they were responsible for your accident and injuries.

For instance, even if it is found that you were 90% at fault for your own injuries, you can still recover 10% damages under the pure comparative negligence rule from the other at-fault driver. Our team of car and truck accident lawyers at the Law Offices of Michael S. Lamonsoff will carry out a thorough investigation, establish evidence and build a robust legal strategy to raise the share of fault assigned to the negligent driver in order to maximize your compensation.

How Long Do You Have to File Your Winter Accident Injury Claim?

To pursue legal action against the at-fault party in a New York winter car or truck accident, you are required to file your personal injury claim within a certain time limit.

This deadline is called the statute of limitations. For winter car and truck accident injury cases, the statute of limitations in New York is generally three years.

Attorney Michael S. Lamonsoff encourages injured victims to file their claim as soon as possible so that time is on their side, and our legal team can seize the advantage to build a strong case for compensation against the negligent parties.

Common Types of Winter Vehicle Accidents

Drifting

Ice and slush can cause drivers to lose control and drift when applying brakes, even when driving on cleared roads. The best way around this is to drive slowly on slushy streets and apply proper braking techniques.

Spinouts

Drivers need to act quickly for staying in control of their vehicle if it starts drifting at high speeds. The car may begin hydroplaning, which refers to all wheels losing traction and sliding at once. Remember to move the steering wheel in the direction you are turning to regain traction if you find yourself at risk of a spinout.

Rear-End Collisions

Almost 30% of crashes are rear-ended collisions. These become more common in the winter months because of icy and slushy roads. They also occur when drivers don’t brake correctly or are going too fast. Driving at a safe speed is as important as using the correct braking technique. Drivers should accelerate and decelerate gradually in winters.

New York VTL § 1129(a) states that "the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway." These following distances are increased when the weather or road conditions are bad.

Common Causes of Truck Accidents in Winter

Winter is one of the more difficult times for truck drivers. Hours of darkness, intense snowstorms, and holiday pressure make crashes more common and deadlier.

Icy Roads

Trucks can begin drifting on icy roads if the wheels don’t have enough grip on the surface. This can be frightening for any truck driver. However, in the case of semi-trucks, the results can be catastrophic because of the massive weight and size. Truck drivers need to act quickly and stay calm if the truck begins drifting. The truck may fishtail if the rear of the trailer starts to drift independently. This is again a dangerous situation. The trailer can easily jackknife or swipe across lanes if the truck driver is not able to regain control.

Powerful Winds

Semi-trucks are prone to getting knocked over because of powerful winds. A sharp gust of wind can cause a trailer to fishtail if it has improper weight distribution or is empty. This is regardless of ice and wet conditions. The truck may also get knocked over to the side. Yet, a lot of truck drivers ignore the risk and drive against wind because of holiday rush combined with tight hours. This occurs even when conditions are unsafe.

Common Causes of Vehicle Accidents in Winters

Slippery Roads

Roads can become slick quickly when temperatures drop. This makes it difficult for drivers to control their vehicles. Black ice only contributes to the danger and risk because it is not easily seen. Slippery roads can cause spin-out collisions, rear-end accidents, and sliding through a stop sign or an intersection. It’s essential that you leave enough space between vehicles and reduce your speed when driving in slippery conditions.

Low Visibility

Blizzards and heavy snow during winter months can decrease visibility. Conditions can be such that it is difficult to see even a few feet. It’s recommended to stay home during such days. However, if you do need to drive, you should have working heat and windshield wipers in the car. You should also stay alert and keep an eye on the surroundings.

Poor Maintenance

Routine car and truck checks are important any time of the year. However, they are especially recommended during winters. There is a higher likelihood of accidents if the car or truck you are driving has issues. You should never head out into uncertain weather conditions before checking fog lights, defroster fans, windshield wipers, tires, and headlights first.

What Does Black Ice Mean?

Ice can turn into black ice when the temperature is above freezing, but dips below freezing. Black ice is of a darker color and is difficult to separate from icy conditions and the road. Any snow on the road will melt during above freezing temperatures. It will refreeze into ice when the temperature falls below freezing conditions.

Many drivers find it difficult to differentiate between icy patches and the road, which makes black ice a particularly dangerous condition. The depth of black ice makes it more hazardous. Ice becomes nearly invisible due to shallow depth, which can result in treacherous conditions.

Speak with Our Dedicated Winter Auto Accident Attorneys in New York

Accidents will take place regardless of how careful you are. It is important that you speak with a knowledgeable and experienced personal injury attorney in New York City quickly if you or someone you know was seriously injured in a vehicle accident recently. The dedicated attorneys at the Law Offices of Michael S. Lamonsoff understand the serious consequences of car and truck accidents.

We are here to fight for your rights and help you recover the maximum compensation you are entitled to. You can reach out to us at any time by calling at 212-962-1020 to schedule a complimentary consultation. You can also fill out our online contact form and we will get in touch with you.