Many car accidents in New York happen during the winter months. Adverse winter weather conditions, including cold, ice, fog, and snow, represent some of the most common causes of or contributors to crashes in winter. But how does weather affect the determination of fault for a car accident or injured victims’ right to seek compensation through an insurance claim?
Common Causes of Winter Car Accidents in New York
Winter weather in New York can cause or contribute to car accidents in various ways, such as:
- Slippery road conditions from black ice, packed snow, or freezing rain
- Reduced visibility due to precipitation, fog, and reduced lighting from shorter days and the lower angle of the sun in the sky
- Drivers who fail to adjust their driving behaviors for adverse road conditions, such as reducing speed, increasing following distances, or braking early and gently to prevent skidding or spin-outs
- Vehicle-related issues caused by inadequate maintenance or preparation, including inappropriate or worn tires, infrequent oil changes, or low fluids
How New York Law Views Fault in Winter Weather Accidents
New York operates a no-fault insurance system for car accidents, which means that injured crash victims first turn to their insurance provider for compensation for medical bills and lost wages, regardless of fault for the accident. Insurance policies must provide up to $50,000 in no-fault insurance (called personal injury protection, or PIP), though policyholders can purchase higher limits.
Crash victims may sue an at-fault driver for vehicle damage or if they sustained a “serious” injury as defined by New York law. A serious injury may include:
- An injury that results in dismemberment or death
- Significant disfigurement
- Bone fracture
- Loss of a fetus
- Permanent loss or significant limitation of use of an organ, member, bodily function, or system
- An injury that prevents a person from performing substantially all of their usual and customary daily activities for at least 90 days in the 180 days following the accident
In New York, poor weather does not excuse negligent driving; the law requires drivers to exercise due care in adverse conditions. For example, a driver may bear fault in a winter weather accident by speeding or tailgating another vehicle.
Comparative Negligence and Shared Fault
New York also follows a pure comparative negligence system for car accident cases that involve shared fault. Under pure comparative negligence, an injured driver can still recover compensation for property damage or severe injuries even if they share some of the fault for a car accident. However, any share of fault that a driver bears for an accident can proportionally reduce their financial recovery.
Role of Weather in Insurance Claims
Insurance companies may consider weather conditions at the time of a car accident when evaluating drivers’ fault for the crash. Various records may document weather conditions at a crash scene, including police accident reports, witness testimony, accident scene photos/videos, or official weather reports from the National Weather Service. Insurers who face liability for a wintertime car accident may argue that poor weather conditions made the accident unavoidable to mitigate their potential financial liability. As a result, injured accident victims may need expert testimony to show that a driver’s negligence, not the weather, directly and proximately caused the crash.
Evidence That Can Strengthen a Winter Accident Claim
Examples of evidence that injured crash victims might use to bolster their claim for compensation after a car accident in the winter include:
- Accident scene photos showing weather and road conditions
- Police accident reports
- Official weather data documenting conditions at the time of the accident
- Vehicle inspection and maintenance records or reports
- Accident reconstruction expert reports and testimony
Contact Our Firm Today
When you have a car accident in New York in the winter, you need experienced legal counsel to help you address the effects of weather conditions on the accident. Contact McCann Legal, PC today for a free, no-obligation consultation with a personal injury attorney to learn how adverse winter weather conditions may affect your ability to pursue compensation for injuries and losses you sustained in a car crash in New York.