I was in a car accident, and the cop gave me a ticket. It was an a-c-c-I-d-e-n-t, why did I get a ticket? I crossed the road because nothing was coming, and she hit me. It’s not even my fault, she hit me, I did not hit her. Why did I get a ticket.
The National Safety Council studies have indicated that there are no ‘un-preventable’ accidents. The major of accidents are due to operator errors, if the operator would use more care, the accident would not have occurred. Generally speed or haste are the factors.
When you approach an intersection, and you have the stop sign, or red-light, it is your obligation to come to a complete stop. Look all ways, not just once, but more than once, then go when it is safe. If the road you are crossing has no stop sign, then you are sole in control of the intersection. You may not cross until it is safe, if you were hit while you were crossing, it was not safe to cross the intersection. That’s why you have the ticket.
Even when we have weather related accidents many times the cause is the operator. You can’t go 55 on a road when there is snow or white out conditions. It’s not safe, and you most likely will end up in a ditch. You can’t rush, you need to leave a larger distance between your vehicle and the vehicle ahead of you. Don’t pass. Make sure you car has good tires, brakes and windshield wipers.
And it makes no difference the type of vehicle you are driving. Larger is not necessarily better, they just take longer to stop because they are heavier. Higher up? Easier to flip. Low to the ground, easier to slide. Only you control your vehicle. And when you don’t control it, then it’s your fault.
When there is another vehicle involved, then you have two problems. One is the violation of the vehicle and traffic law, the second is liability for damage to the other car, and liability for injury to another person. Or when there is no other vehicle, for any damage to physical property (mail boxes, lawns).
Take your time when you drive. Think about driving when you drive, not talking on the phone, or playing music. Especially where there are additional factors like heavy traffic, or weather.
As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs.
If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St, Palmyra, NY 14522 or cklaw@verizon.net