Winter weather can be dangerous, and not just because of the falling temperatures. While New Yorkers may be accustomed to frigid winters, that doesn’t mean they aren’t still at higher risk for winter weather accidents. Drivers may be faced with new driving obstacles like fallen trees, flash floods or icy roadways. Snow and ice build up on walkways and roofs. Heaters that haven’t been used — or inspected — in months are turned on for the first time.
Winter weather accidents can happen anywhere: in a public space, on someone else’s property, at the workplace or in your own home and neighborhood. If you are injured in a winter weather accident, you may be entitled to compensation, which is where Conexion Legal can help.
Winter weather increases personal injury risk, and the chances of injury due to negligence. If you’ve fallen victim to an accident like those listed below, you may have a personal injury claim, and at Conexion Legal, we can offer you free legal advice. Simply call us 1-800-201-1220 or write to us through WhatsApp to schedule your free consultation. If you find you need legal representation, we can connect you to a New York personal injury attorney in our network who specializes in cases like yours.
Three common types of winter weather accidents
Motor vehicle accidents
The top human-related factors related to car accidents in New York are distracted drivers, following too closely, failure to yield right of way and unsafe speed. Each of these factors are exacerbated by winter weather.
Snow, ice and pools of water on roadways reduce traction and increase stopping distance. Speeding cars are more likely to spin out of control, drivers following too closely are more likely to rear-end the car in front of them and distracted drivers are even less likely to identify and safely react to sudden changes in driving conditions.
In cold-weather regions, road salt is used to de-ice roadways, reducing the chances that vehicles can lose traction and spin out of control. Many cities and states in fact employ fleets of snow trucks and contractors who specialize in clearing and salting roads.
However, if a roadway has not been maintained, cleared or salted as it should have been — either by the city/state or by the owners of private roadways — then that negligence could contribute to a car accident. You can sue someone if the condition of the road for which they are responsible is directly responsible for the accident that injured you, and if you can prove that poor road conditions caused the accident. However, it is difficult to pursue a personal injury case against most government agencies due to high legal hurdles.
New York is unique in that residents can sue the state for a variety of reasons, but they have to go through a special court of claims, and abide by tight time frames in which they can make a claim. Accidents that involve the City of New York require that a Notice of Claim be filed within 90 days of the time of the injury.
An experienced New York personal injury attorney will be able to guide you through the process, which is why you should seek legal help as soon as possible after any accident you think may have been caused by city or state negligence.
Just as roadway traction is reduced by winter weather, so is the traction on sidewalks, walkways and jogging paths. Slip-and-fall cases, though, can be complex: They can involve the property owner, the entity occupying the property, the management company maintaining the property or all three, and the circumstances surrounding each case are unique. That is why an experienced New York personal injury attorney can help you decipher what to do when it comes to winter weather accidents.
Property owners in New York are required by law to remove snow and ice to clear walkways for pedestrians. In fact, the property owner, lessee or other person in charge of a building with a sidewalk has four hours from the time a snowfall ends to ensure the walkway is cleared. Property owners also have a duty to warn any visitor if the entryway or other area in a building is wet and could potentially be hazardous.
Carbon monoxide poisoning
Faulty carbon monoxide detectors, unmaintained chimneys or defective furnaces in rental units can all contribute to carbon monoxide poisoning. Symptoms include confusion, dizziness, weakness, headaches, chest pain and nausea or vomiting.
You can file a personal injury lawsuit for carbon monoxide poisoning if you can prove the fault of a responsible party. While ensuring safety of a property is the job of its owner, manufacturers are responsible for ensuring the safety of their products.
If you have experienced these or other weather-related accidents and need free legal advice, call Conexion Legal 1-800-201-1220 or write to us through WhatsApp to schedule your free consultation. If you find you need legal representation, we can connect you to a New York personal injury attorney in our network who specializes in winter weather accident personal injury cases like yours.
El equipo de redactores de Conexion Legal está compuesto por un grupo de abogados especialistas en casos de accidentes de tránsito, laborales e inmigración para latinos. Cada miembro del equipo cuenta con amplia experiencia en su área de especialización, y todos ellos están comprometidos en ofrecer la mejor información y asesoramiento legal a la comunidad latina.