Buffalo residents are used to driving in bad winter weather. When a personal injury occurs as a result of an accident that happened in bad weather, the driver who is accused of causing the injury may claim that the weather constituted an emergency situation that was not foreseeable and, as a result, he or she was not negligent in causing the injury.
New York courts have consistently found that this defense cannot stand when the driver could have reasonably anticipated the conditions that led to the collision. In most cases, a driver is aware of the general weather conditions prior to the collision and chose to continue driving. Problems such as ice patches or drifting snow are a foreseeable consequence of inclement winter weather and do not qualify as an “emergency.”
This does not mean, however, that weather-type conditions can never constitute an emergency. Recently, the Appellate Division for the Fourth Department – the court to which Buffalo-area cases are appealed – issued a ruling in a case where a defendant was making a turn and was suddenly blinded by the glare of the sun. The court ruled that sudden and unforeseen sun glare is a qualifying emergency, and the jury should have been instructed of this fact.
If you have suffered a personal injury in an automobile accident and have any questions regarding your rights, please feel free to call us at 716-542-5444. We would be happy to help you.
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