Driving in inclement weather can present a variety of hazards to motorists, one of which is hydroplaning. Rainy conditions in New York can make roadways risky for motorists, and some drivers ignore those risks, which can lead to a hydroplaning accident. In other instances, roadway defects that the city failed to repair, or bad tires, can cause a motorist to hydroplane in bad weather.
If you were severely injured in an accident with a hydroplaning car, don’t hesitate to reach out to the car accident attorneys at Finz & Finz, P.C. to discuss your case. When a hydroplaning accident occurs, liability is not always straightforward, and you will likely need to hire an attorney to maximize your chances of getting the full and fair compensation you deserve.
Our attorneys have the resources to handle every aspect of your case for you while you recover from your injuries. We will thoroughly investigate the accident, document and estimate the damages you are owed, determine liability, and aggressively pursue the compensation you are entitled to.
Contact our office today for a free consultation to review your legal options.
What Is Hydroplaning?
Hydroplaning occurs when a thin layer of water on a roadway causes a vehicle’s tires to lose contact with the pavement. Wet surfaces decrease the amount of friction between a car’s tires and the road, which can result in a car hydroplaning.
When drivers hydroplane, they may lose control of their vehicle, particularly if they are speeding, distracted, or driving aggressively. This can result in a devastating accident that puts the lives of the driver, their passengers, and occupants of other vehicles at significant risk.
If anyone is seriously injured in the crash, they might be able to file a third-party insurance claim or lawsuit against the liable party.
How Does Hydroplaning Lead to Accidents?
Hydroplaning accidents may occur for various reasons, but most are due to negligence. Often, hydroplaning occurs due to driver negligence, but there could be other negligent parties, which is why a full investigation into the accident is critical.
Some of the most common causes of hydroplaning include:
- Driving too fast for conditions
- Distracted driving
- Defective roadways, such as roadways with improper drainage
- Insufficient air pressure in tires
- Faulty tires with defects or worn tread
Can I Hold Someone Liable For A Hydroplane Accident in New York?
First, it’s important to note that New York is a no-fault auto insurance state. This means that when a motorist is involved in an accident, they will typically turn to their mandated no-fault insurance (also known as personal injury protection coverage) to pay for medical expenses and lost wages resulting from the accident.
If you were involved in a hydroplane accident and sustained minor injuries, you would likely turn to your own insurance policy for coverage. However, there are some instances in which motorists may be permitted to step outside of New York’s no-fault system. If you were severely injured in the accident, you could potentially be able to bring a third-party insurance claim against the liable party or pursue a lawsuit against them.
To determine whether you can pursue compensation from the at-fault party in New York, you must meet the state’s serious injury threshold. You could also seek compensation from the at-fault party if your losses from the accident exceed $50,000.
It’s also important to note that no-fault insurance laws only apply to injuries. You can still file a claim against the at-fault driver for property damage.
Who Is Liable For A Hydroplaning Accident?
When a hydroplane accident occurs, there may be multiple liable parties, depending on the circumstances of the accident. Some potentially responsible parties include:
- The driver
- The city, if road defects caused the accident
- Tire shops or mechanics, if they failed to replace tires with bad or worn tread
Determining liability in a hydroplane accident is not always simple or straightforward. For help, contact the attorneys at Finz & Finz, P.C. as soon as possible. Our car accident lawyers have what it takes to investigate the accident, gather evidence to support your claim, and identify the liable parties. Contact us today for a free case review.
Compensation For A Hydroplaning Accident
If you were injured in an accident caused by a hydroplaning car, you might be entitled to compensation. If you sustained minor injuries, you might turn to your personal injury protection policy to get the coverage you need. Through your personal injury protection plan, you would likely be able to receive compensation for:
- Medical expenses
- Lost earnings if you are unable to work while injured
If you were seriously injured and are eligible to file a third-party claim or pursue a lawsuit, then you could be able to receive other types of compensation, such as:
- Property damage
- Pain and suffering, including PTSD, loss of enjoyment of life, emotional distress, mental anguish, and more
Whether you are pursuing compensation through your own insurance company or the at-fault party’s insurer, our attorneys have what it takes to help you seek the settlement you deserve. Insurance companies are notorious for using various tactics to reduce or deny claims. Getting an attorney involved may be your best chance at getting the compensation you need to recover.
Contact A New York Hydroplaning Accident Attorney Today
If you were severely injured in an accident caused by a hydroplaning driver, contact Finz & Finz, P.C. today. Our attorneys have the skills and experience to help you pursue the compensation you are entitled to. Reach out today to schedule a free consultation.