Car accident in New York

New York

Hello all, thank you for having this website and the community that drives it to help others with their legal problems.

Today, I got into a car accident. I was driving to school just like any other day, but today the roads were icy and we saw a bunch of accidents. Seeing these accidents ahead, I slowed down in caution. After I got past the first accident I picked up speed, around 30, and then had to slow down for the second accident when I saw it. When I hit my brakes, my car lost control and we slid across the road and finally stopped by smashing into a car that parked on a shoulder (because they had slid before me).

After it is all said and done, my car is totaled and I will probably have to pay for the damages I did on the car that I hit.

My question is, was it the city's responsibility to make sure that the roads were safe for driving. We were with the morning traffic, so it wasn't like it was an ungodly hour of the night. I live in a cold area, so this type of weather is not unknown to the city. I feel that the city should have foreseen this coming and salted the roads before the morning commute - there was about eight separate accidents today.

Do I have a case? Or should I just get started on licking my wounds?

Thanks.

As an add on - my friend has suggested that I sue my school as well. Due to the conditions of the weather, all high schools and middle schools were all closed, however my university was not. My friend feels that - this would make a better case than suing the city.

Sue Mother Nature, she caused the icy roads. You can't hold the school liable for your negligence. The school did not force you to drive.

atennak said:

I live in a cold area, so this type of weather is not unknown to the city.

Click to expand...

I presume you have 4 snow tires on your vehicle since this type of weather is "not unknown"?

atennak said:

As an add on - my friend has suggested that I sue my school as well. Due to the conditions of the weather, all high schools and middle schools were all closed, however my university was not. My friend feels that - this would make a better case than suing the city.

Click to expand...

Racer72 is absolutely correct.

What kind of lame mentality is this? I certainly hope we are not paying for your schooling as well. Go away.

It is called basic speed. You were driving too fast for the conditions and it is obviously your fault.

Geeze .... a society of sue happy morons and now we have to send them to college so they can learn how to drive as well!

racer72 said:

Sue Mother Nature, she caused the icy roads. You can't hold the school liable for your negligence. The school did not force you to drive.

Click to expand...

Thank you for putting it into perspective, I didn't think that was a good idea either.

You Are Guilty said:

I presume you have 4 snow tires on your vehicle since this type of weather is "not unknown"?

Click to expand...

Point taken, however I've been to school here now for three years now, and although the weather is cold, it is not Alaska. My first thought to your comment was... perhaps if I had four wheel drive and a hummer, that would help too!, but you are right, that would've been a 'cheaper' way of avoiding the accident.

Rexlan said:

Racer72 is absolutely correct.

What kind of lame mentality is this? I certainly hope we are not paying for your schooling as well. Go away.

It is called basic speed. You were driving too fast for the conditions and it is obviously your fault.

Geeze .... a society of sue happy morons and now we have to send them to college so they can learn how to drive as well!

Click to expand...

My first post reading on this site was about a guy who had some trouble with vandalism in Philly, and he called you guys (the community) a bunch of bitter lawyer wannabes. Although I do not agree with his comments, I can see where he might've gotten the 'bitter' part from.

Rexlan, I'm sorry I was not blessed with the strong desire to learn the law as you might have. If you ever need any help creating a database management systems for your law office or other business to help streamline operations, don't hesitate to ask me. If you need help building your website, ask me. I also double major in finance, so if you need help with your portfolio and calculating your asset allocation frontiers, advising you on your latest stock pick or options and futures trading, you are welcome to ask me.

People come here to ask you sincerely for advice and sometimes it will be a stupid question. You probably view my predicament the same way I view the vandalizing one - stupid. At the same time as a risk consultant, I would view you not backing up your data of your business or personal files if you don't have a business, at an off-site location - stupid. Although Racer's and YouAreGuilty's remarks are satirical remarks aimed towards me, your's is just outright aimed at insulting.

But, thank you for your comment "It is called basic speed. You were driving too fast for the conditions and it is obviously your fault.".

But even after you have passed judgment on my case, I have one more request before I 'go away' - to hear those satirical remarks again, this time aimed at my first post, not my second. Is it the city's responsibility to make the roads safe for the morning commute, rush hour? The road I took to school is the most popular road, and leaving that road icy is like leaving NYC highways or Chicago highways in its icy conditions.

I thank you guys again for your fast responses. And yes, crack all the jokes you want on me because I am not paying you anything, so feel free to demean me as payment. (Although I hope you don't treat your own potential clients with the same professionalism)

Actually, my comment was not satirical at all. It was a roundabout attempt to point out that you are responsible for controlling your car, not the state (or city). To directly answer your question, yes, a municipality can be liable for road defects, but snow/ice is not a road defect. (But a 4" manhole in the roadway would be). Snow/ice is an act of nature.

And to revert back to my Socratic method, would you want to sue the city if your car was hit by a tornado while you were on your way driving to school?

atennak said:

At the same time as a risk consultant, I would view you not backing up your data of your business or personal files if you don't have a business, at an off-site location - stupid.

Click to expand...

Great! Since I DO back up my personal and business files at off-site locations, I feel qualified to answer this.

YOU are responsible for maintaining control of your car. The fact that you passed not one, but TWO accidents further proves that you were fully aware of the dangerous conditions, yet still drove your vehicle at a speed that was unsafe for conditions.

You Are Guilty said:

To directly answer your question, yes, a municipality can be liable for road defects, but snow/ice is not a road defect. (But a 4" manhole in the roadway would be). Snow/ice is an act of nature.

And to revert back to my Socratic method, would you want to sue the city if your car was hit by a tornado while you were on your way driving to school?

Click to expand...

Once again, point taken. Thank you for your clarification of what the city should and should not be responsible for.

Question that has nothing to do with this: My parents own a store and a store and sometime overnight, some lady slipped and fell outside the storefront while walking by. A year and a half later, we get a letter to settle for $10k. Isn't that not the fault of the storefront, but of mother nature? How come the law awards this lady who did not exercise caution walking in icy conditions such damages?

Thanks again.

Zigner said:

Great! Since I DO back up my personal and business files at off-site locations, I feel qualified to answer this.

YOU are responsible for maintaining control of your car. The fact that you passed not one, but TWO accidents further proves that you were fully aware of the dangerous conditions, yet still drove your vehicle at a speed that was unsafe for conditions.

Click to expand...

Zigner, please do not take my comment to be a Holier than thou remark. I'm simply stating that if my question seems painstakingly obvious to the other poster it is only because I am not versed in the same expertise. I am simply stating that I would not have the same attitude if said person would state something obviously not right in my areas of expertise.

I am responsible for maintaining control of my car, but it is not as obviously my fault as many may think. I wasn't the only car there, it was a traffic jam. I can only go as fast as the next car, and it wasn't fast at all. In fact, I only lost control of the car when I tried to slow down farther. In hindsight, if I would've stayed at the same speed, none of this would have happened.

Either way, I'm just trying to see my options here. Thank you for your knowledge and affirmation that there is no case.

atennak said:

A year and a half later, we get a letter to settle for $10k. Isn't that not the fault of the storefront, but of mother nature? How come the law awards this lady who did not exercise caution walking in icy conditions such damages?

Click to expand...

Perhaps you needed a better lawyer...

I am responsible for maintaining control of my car, but it is not as obviously my fault as many may think. I wasn't the only car there, it was a traffic jam. I can only go as fast as the next car, and it wasn't fast at all.

Click to expand...

According to your first post, you were traveling 30 mph in icy conditions. That seems pretty darn fast to me. And then you dig your hole deeper by stating you were driving 30 mph - in ice - and in heavy traffic.

In fact, I only lost control of the car when I tried to slow down farther.

Click to expand...

I've highlighted the important parts of your statement

In hindsight, if I would've stayed at the same speed, none of this would have happened.

Click to expand...

Fair enough...but perhaps the car that you were following too closely in front of you would have braked and you would have rear-ended him

Thank you for your knowledge and affirmation that there is no case.

Click to expand...

My Pleasure - glad I could help

atennak said:

Question that has nothing to do with this: My parents own a store and a store and sometime overnight, some lady slipped and fell outside the storefront while walking by. A year and a half later, we get a letter to settle for $10k. Isn't that not the fault of the storefront, but of mother nature? How come the law awards this lady who did not exercise caution walking in icy conditions such damages?

Click to expand...

Although we're getting a bit off topic, it appears you are assuming that she would win her lawsuit. Depending on the specific reason she fell, it's entirely possible that she has no viable claim but knows many insurance companies prefer to settle for "small" amounts because it's cheaper than paying people like me to litigate it through a trial and then an appeal.

That said, there are a number of legal protections for landowners for such accidents. If you get bored, google up the "storm in progress" doctrine for an example of one.

We now return to our regularly scheduled post, already in progress.

My question is, was it the city's responsibility to make sure that the roads were safe for driving. We were with the morning traffic, so it wasn't like it was an ungodly hour of the night. I live in a cold area, so this type of weather is not unknown to the city. I feel that the city should have foreseen this coming and salted the roads before the morning commute - there was about eight separate accidents today.

Do I have a case? Or should I just get started on licking my wounds?

Click to expand...

My point was that this is a lame mentality, looking for some one else to pay for your negligence. Everyone is responsible except you.

What if it rains .. what should the city do to protect you then. How about fog ... get big fans out or what?

You will probably find an ordinance about maintaining the sidewalks in front of your property .... generally the responsibility of the property tenant/owner.