Can a Driver Blame a Crash on Weather Conditions in Manhattan?
If you accuse a driver of negligence in Manhattan, you’re almost guaranteed to hear various excuses. Some might claim that they suffered medical emergencies prior to the collision, while others might argue that you caused the accident instead. However, one of the most common defense strategies is to blame the accident on weather conditions. Is this really acceptable after a crash in Manhattan? How can you push back effectively after suffering injuries?
Fatal Motorcycle Accident in Manhattan Blamed on Rain
In March of 2024, it was reported that an SUV driver had lost control while driving on Harlem River Drive – causing him to strike and kill a motorcyclist. The young driver seems to have hydroplaned after hitting a puddle, and NYPD representatives say that weather conditions “led to the crash.” The 41-year-old motorcyclist was severely injured by the impact, and he ultimately succumbed to his wounds while receiving treatment at a nearby hospital. The SUV driver remained at the scene, cooperated with police, and was not immediately charged with any offense.
Are Drivers Expected to Slow Down in Rainy Conditions?
The New York Department of Motor Vehicles (DMV) specifically warns drivers to slow down during periods of heavy rain. The DMV also states that drivers should “take additional care” on curves, turns, and ramps. If drivers do not slow down and operate at safe speeds during heavy rain, there is a high risk of hydroplaning. This occurs when water forms a barrier between your tires and the road surface. The DMV notes that this can cause a “complete loss of traction” and steering control.
Can You Sue a Driver for Not Slowing Down in Heavy Rain?
First of all, it’s important to note that New York is a no-fault state – and you might not need to sue in order to pursue compensation. If the accident has caused a serious injury or death, however, it may be possible to sue a driver for failing to slow down in heavy rain. The issue lies with the official speed limit in heavy rain. While officials might agree that you should drive much slower than the posted speed limit during adverse conditions, there is no universal rule as to what this lower speed should be.
Key Takeaways
- New York’s no-fault system often makes it unnecessary to blame drivers
- Motorists are expected to drive according to current weather conditions
- Hydroplaning can cause complete loss of control during heavy rain
Find a Qualified, Experienced Auto Accident Lawyer in Manhattan
If you’ve been searching for a qualified, experienced New York car accident lawyer, look no further than Cohan Law, PLLC. Over the years, we have helped numerous injured plaintiffs pursue fair compensation for missed wages, medical expenses, and other damages after car crashes. Although weather conditions can cause crashes, drivers are still expected to slow down and proceed cautiously. If they fail to do this, you can hold them accountable. Book your consultation today to learn more about your legal options.
Sources:
dmv.ny.gov/about-dmv/chapter-10-special-driving-conditions#:~:text=In%20heavy%20rain%2C%20your%20tires,traction%20and%20control%20of%20steering.
nydailynews.com/2024/03/24/motorcyclist-fatally-struck-by-suv-driver-on-harlem-river-drive/