New York law requires all drivers to use “reasonable care” in the operation of their motor vehicles. This rule is a product of case made decisions called common law and has been embodied in statutory law, which are rules made by the New York legislature. For instance, New York Vehicle and Traffic Law Section 1180 prohibits driving “at a speed greater than is reasonable and prudent under conditions and having regard to the actual and potential hazards existing.” NY V&T Law Section 1212 prohibits reckless driving, which includes conduct which “unreasonably interferes with the free and proper use of the public highway, or unreasonably endangers users of the public highway.”
Now that winter weather is again upon us in the Albany Region, drivers must use extra care when driving during snow storms and whenever snow or icy roadway conditions make driving more hazardous. Careless driving under these conditions could result in a serious accident resulting personal injury, or even death.
However, New York courts have held that the mere fact that a driver’s car skidded on pavement is not enough to automatically constitute negligence. If the driver is faced with a sudden emergency, the circumstances surrounding the accident will require careful investigation to determine the driver failed to exercise “reasonable care” under the situation with which he was confronted. However, the general rule is that a failure to maintain control is evidence of negligence where the driver skids out of control and injury results.
Therefore, when choosing an attorney to represent you following an Albany car accident, consult with an experienced car accident lawyer, who knows the law, and who will properly and thoroughly investigate the facts and circumstances surrounding the accident. He will need to prove that the other driver failed to act reasonable, and that this breach of duty was the cause of your injuries.
Factual evidence to support your case often includes witness statements to show the speed of the other driver’s car, and condition of the roadway. As noted above, a driver must not operate his or her vehicle at a speed which is greater than reasonable given the potential hazards—this includes snow and ice. If witnesses describe seeing the other driver operating at a high rate of speed before skidding, this will help to prove that he was negligent. Your experienced Albany car accident lawyer may decide to employ an accident reconstructionist or biomechanical expert to help prove the issues that require expert proof based upon specialized scientific and/or medical evidence.
If you have been involved in an Albany car accident, you may be entitled to compensation. The personal injury attorneys at Anderson, Moschetti and Taffany handle cases in Saratoga Springs, Albany, and elsewhere in the Capital District.
As practicing accident attorneys with decades of experience and record setting verdicts and settlements, we will work hard to obtain full compensation for you or a loved one. Call us at 785-4900 today for a free consultation. We will explain your rights and ensure that you obtain full compensation for pain and suffering, lost wages and medical bills. You can also contact us through the form on our website, or by using Live Chat.