When you get behind the wheel, you have a duty of care to yourself and others on the roadways. This applies to all drivers on the road. In this article, personal injury attorneys Glenn and Robin Herman explain what it means to have a duty of care as a driver, what laws and regulations are in place, negligence on the roadway, additional duties for children, and how to seek legal assistance after an accident.
Traffic Laws and Regulations on Negligence in New York
The majority of road accidents are caused, in one way or another, by negligence. Driving carelessly can cause serious harm to all persons involved, including death. One or more of the following categories of negligence, or a combination of them, is to blame for the majority of accidents:
Speeding is a prevalent factor in traffic collisions in New York. In addition to giving drivers less time to react to other vehicles, pedestrians, and cyclists, speeding increases the severity of a collision in terms of both property damage and injury risk.
Ignoring traffic signals and signs, such as stop signs, yield signs, lane closure signs, speed limits, and traffic lights.
Failing to yield to a pedestrian or cyclist's right of way. When traffic signals indicate that a pedestrian may cross, they have the right of way in both designated and unmarked crosswalks. At intersections without signals, cars must always yield to pedestrians. Although cyclists are required to abide by the same traffic laws as other vehicles, because of the significant risk of injury, motorists are expected to yield to them when necessary.
Inattention and preoccupation are the root of many accidents. Although attending to one's hair, makeup, children, dogs, or other passengers while driving is less common than texting while driving, these situations nevertheless contribute to a lot of traffic incidents.
Using signals incorrectly. In order for other drivers to make the necessary adjustments, you must let them know what you are doing. When turning or changing lanes, giving no warning might result in catastrophic accidents. On the other hand, it is your duty to pay attention to other drivers' signals and make necessary adjustments.
Disregard for the weather. Weather-related driving adjustments should be made by responsible drivers. When the roads are slippery from rain, snow, or ice, for instance, you need a longer stopping distance. As a result, you should leave extra space between your vehicle and the vehicle in front of you so that you can brake effectively. This also entails clearing your windshield of impediments like ice and pollen as well as operating your headlights, fog lamps, and windshield wipers as needed.
Driving while intoxicated. Although driving under the influence is a term typically associated with alcohol and sometimes cannabis, it encompasses all mind-altering substances. This can include various psychiatric drugs and painkillers, such as antipsychotics, anti-seizure drugs, muscle relaxants, opioid painkillers, motion sickness remedies, and some stimulants, that alter response speed, depth perception, and other factors that influence your ability to drive.
Additional Duty of Care for Children
When it comes to children on the roadway—whether they are walking alone or with adults—drivers must exercise an even higher level of caution. Children may not be aware of their surroundings like adults are; therefore they may run into streets without looking both ways or cross at non-designated crosswalks. Drivers should be especially aware when kids are playing near roadsides or at intersections where they might be harder to spot, and should always pay attention to signs that indicate school zones or children at play.
Seeking Legal Assistance After an Accident
When someone has been injured in a car accident due to the negligence or recklessness of another driver, it is important to seek out legal assistance. An attorney will help the injured party determine fault in the situation and explore available options for compensation.
Driving carries a certain amount of risk but understanding and following your responsibilities as a driver helps reduce this risk significantly. All drivers have a duty of care on the road, which means they must abide by all traffic laws and regulations, and make sure to exercise extra caution when children are present or may be near roadways.
If you ever find yourself in an accident due to another person’s negligence, seek out legal assistance from experienced personal injury attorneys to better understand your rights under the law.
About Bronx auto accident lawyers Glenn and Robin Herman
Bronx auto accident lawyers Glenn and Robin Herman
Our Bronx auto accident lawyers take the time to learn every aspect of your case during our initial meeting in order to properly evaluate the full extent of the damages you or a loved one have suffered. We have been representing seriously injured New Yorkers for over 30 years. Born, raised, and living in the City, we know that when you have been injured in this town, you need an attorney to protect your rights and explain the law to you in a way you can understand.
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We represent clients in all five boroughs of New York (NY): Manhattan, Staten Island, Queens, Brooklyn, and the Bronx, along with Suffolk County & Nassau County on Long Island, Westchester County, Rockland County, and throughout the entire state of New York.
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