Most Common Errors Causing Driver Accidents

Everyday, common driver errors cause 超过 90% of the car crashes in New York.

Driver Impairment

These tortfeasors (negligent drivers) are keenly aware they’re too impaired to drive, at least in most cases. Since they arguably disregard a known risk, an 车祸 lawyer often obtains extra compensation in driver impairment matters, including punitive damages in some cases. Common causes of driver impairment are:

• Drugs: New York and many other states have legalized recreational marijuana. Most people can safely consume small amounts of pot. But it’s illegal and dangerous to drive under the influence of marijuana or any other drug. This conduct violates the DUI law. Additionally, marijuana and other drugs seriously impair judgment, reflexes, and other skills needed to safely operate a motor vehicle.
• Alcohol: The impairing effects of marijuana begin with the first puff of a joint or bite of an edible. Likewise, the impairing effects of alcohol kick in after the first drink. Beginning in the 1990s, the number of alcohol-related crashes steadily declined. But since the pandemic, that figure has risen to the same level it was in the 90s. Impairment (partial loss of mental or physical functions) is dangerous but not illegal. Intoxication (complete loss of faculties) is illegal and dangerous.
• 疲劳: Your brain on lack of sleep is almost like your brain on alcohol or drugs. Drowsiness, like these substances, impairs reflexes and clouds judgment. Driving after eighteen consecutive awake hours is like driving with a .05 BAC level, which is above the legal limit for many New York drivers.
• 分心: Device distraction may be the most highly publicized kind of distracted driving, but it’s also the least common kind. Other dangerous activities, such as eating or drinking while driving, are far more common. Sometimes, distracted driving is illegal. New York has a hands-free law and a reckless driving law. Usually, however, distracted driving is simply dangerous.
• Medical Condition: We mentioned the difference between impairment and intoxication above and pointed out that both are dangerous. Likewise, a mild medical condition, like a cold or the flu, is almost as dangerous as a major medical condition, like epilepsy or diabetes, that could cause the driver to suddenly lose consciousness behind the wheel.

This section also touched on the two major legal theories in a car accident case, ordinary negligence and negligence per se.

Basically, ordinary negligence is a lack of care, and negligence per se is the violation of a safety law. Alcohol impairment is a good example.

Assume Tom had a glass of champagne at a wedding toast. One drink probably isn’t enough to intoxicate him, but it is enough to impair him. Therefore, in this case, a New York 人身伤害律师 would most likely use the ordinary negligence doctrine. However, if Tom was in a very celebratory mood and consumed a bottle of champagne, he’s probably legally intoxicated. If emergency responders cite him for DUI, he could be liable for civil damages as a matter of law.

Aggressive Driving

Drivers in a hurry may not take proper safety precautions. That’s the essence of many kinds of aggressive driving, such as:

• Speeding,
• Turning unsafely,
• Tailgating, and
• Turning illegally.

Speeding is the most common, and most dangerous, kind of aggressive driving. Excessive velocity increases the risk of a wreck and the force in a collision.

Failure to maintain a proper lookout also causes many car crashes.

Third party liability could apply in both driver impairment and aggressive driving-related wrecks. For example, employers are legally responsible for damages if their employees negligently cause injuries during the course and scope of their employment.

Vicarious liability is good news and bad news for victims. The good news is that it offers another source of recovery, if the tortfeasor doesn’t have enough insurance to cover all losses. The bad news is it adds another layer to a complex case. For example, many employers are actually out-of-state, or even offshore, holding companies.

Driver errors often cause serious injuries. For a free consultation with an 纽约经验丰富的人身伤害律师, 联系那不勒斯什科尔尼克。