Labor Day Traditionally Sees Spike in Motor Vehicle Accidents in New York State

 

If you or a loved one has been injured in a car accident, Cheriff & Fink, P.C. can help, with years of experience representing clients with their personal injury claims.  Auto accident cases can quickly get complicated, and having the right attorney on your side can make all of the difference in your case.

An average of 10 people were killed each day between Memorial Day and Labor Day in crashes involving teen drivers last year, according to the AAA. The span between Memorial Day and Labor Day seems to show a 14 percent increase in deadly accidents involving at least one teenage driver as compared to the rest of the year. There is a 22 percent increase in the average number of nighttime crashes involving teen drivers during the same time frame when compared to the rest of the year. Under New York law, teenagers with a learner’s permit or junior license are not legally allowed to drive unsupervised from 9 p.m. to 5 a.m. In addition, junior license holders cannot have more than one unrelated passenger under the age of 21.

Teens are not the only ones who see spikes in accidents around this time. According to the National Highway Traffic Safety Administration, Labor Day averaged 308 fatalities per year over 2011 to 2015. Sadly, the stretch between Washington, D.C. and New York has the highest incidence of deadly accidents on any given holiday weekend.

If you have been injured by someone else’s carelessness, recklessness, or error in New York, you can typically recover compensation from the at-fault party through a negligence claim. Negligence typically occurs when one person fails to act prudently and somehow directly or indirectly causes some type of injury or harm to another person. In order to win a negligence claim, the burden of proof is on the party filing the claim (i.e., the plaintiff) to establish the following elements:

  1. The at-fault party owed the plaintiff a duty of care;
  2. The at-fault party breached the duty of care owed to the plaintiff;
  3. The at-fault party’s breach was a direct cause of the accident; and
  4. The plaintiff suffered property damage or bodily harm as a result.

New York has a three-year statute of limitations for filing a lawsuit to pursue compensation for injuries or property damage. While that may seem like a long time, there is no time to waste. Failing to file your claim within this time frame could mean permanently losing your right to compensation.

If you suffered a serious injury in a car accident, you may be able to recover compensation for your harm. With extensive experience, the attorneys at Cheriff & Fink, P.C. understand how to zealously advocate for your rights at every step of the way.