Syracuse, New York, Car Accident: Driving The Wrong Way on a One-Way Road

Jed Dietrich, Esq., Is a Recognized Super Lawyer Committed to Protecting the Rights of Car Crash Victims Across Syracuse, Throughout Onondaga County, and Across Upstate New York. If You or a Loved One Has Been Injured in a Syracuse, New York, Wrong-Way Car Collision That Was Not Your Fault, The Dietrich Law Firm P.C. Could Help You Obtain the Compensation You Need to Begin Moving Past a Tragic Accident.

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If you are driving down the highway or navigating a one-way road, the last thing you expect to see is another vehicle hurtling toward you.

Although these types of incidents are rare, wrong-way collisions have a high likelihood of ending in serious injury or death. For survivors and their loved ones, recovery often constitutes a challenge, a challenge that most working families simply do not have the resources to overcome without assistance.

The Dietrich Law Firm P.C. is a recognized U.S. News & World Report Best Law Firm, we have helped our clients obtain more than $250 million in damages. We could help you, too. Please send us a message online or call Jed Dietrich, Esq., at 1-866-529-5334 to speak to a wrong-way car accident lawyer near Syracuse and schedule your 100% free, no-obligation consultation.

An Overview Of Wrong-Way Driving Car Accidents

A wrong-way driving accident is any collision caused by a motorist traveling in “[a] direction opposing the legal flow of traffic.” According to the U.S. Department of Transportation, this definition is most often applied to accidents with the following characteristics:

1. Wrong-way collisions on divided roads;
2. Wrong-way collisions on one-way streets; and
3. Wrong-way collisions on controlled-access highway access ramps.

Wrong-way car accidents often involve high speeds and dangerous angles of impact, with a disproportionate number of these collisions classified as head-on or sideswipe crashes.

Wrong-Way Driving Accidents Are Common

Driving the wrong way down a one-way street is a big mistake to make, but it is a surprisingly a common occurrence. In a recently published study, the National Transportation Safety Board analyzed over 1,500 crashes that fit conventional definitions of a “wrong-way collision.” It found the following:

1. In 2007, there were 266 fatal crashes on divided highways;
2. In 2008, there were 263 fatal crashes on divided highways; and
3. In 2009, there were 243 fatal crashes on divided highways.

Another, more recent review by the American Automobile Association indicates that the rate and prevalence of wrong-way collisions have increased significantly. However, neither the National Transportation Safety Board nor the American Automobile Association’s studies accounted for non-fatal accidents, which almost certainly occur at far higher rates.

And They Are Almost Always Preventable

Unlike more common types of collisions, like rear-end car accidents, wrong-way crashes almost always involve an obvious element of fault. Some of the most common risk factors associated with these accidents include, but are not limited to, the following:

1. Age. Older drivers are much more likely to cause and be involved in wrong-way collisions than their younger counterparts.
2. Fatigue. Fatigue likely contributes to some wrong-way car accidents, with tiredness believed to affect drivers’ reaction times and judgment, similar to alcohol intoxication.
3. Negligence. Motorists who do not hold a valid driver’s license or have had their driver’s licenses either suspended or revoked are much more likely to cause wrong-way collisions than those who possess valid licenses.
4. Alcohol consumption. Alcohol consumption is by far the single most significant predictor of a driver’s odds of causing or being involved in a wrong-way crash. The American Automobile Association’s collision study, for instance, suggests that drivers with blood alcohol contents above the legal limit are up to 18.36 times more likely to cause these collisions than sober motorists.

In New York, drivers owe their fellow motorists a “duty of care.” In other words, they have a legal responsibility to operate their vehicle in accordance with the law and in a manner unlikely to cause or contribute to an accident.

If and when drivers fail to assume this responsibility, they could be held liable for the costs of a resulting collision.

Obtaining Compensation For A Wrong-Way Car Crash

You do not have to pay out-of-pocket for a car accident that was not your fault.

However, New York law and legal precedent mean that survivors and their family members must often meet each of the following conditions to file and to win a personal injury lawsuit:

1. The accident must have caused serious injuries;
2. The accident victim must establish the at-fault driver’s negligence; and
3. The accident victim must present a reasonably accurate assessment of their losses.

Filing, fighting, and winning a personal injury lawsuit is not always easy or straightforward.

Here is what you need to know about:

New York’s Serious Injury Threshold

Since New York is a no-fault state, injured drivers are expected to file a claim with their own insurance company before taking any further legal action.

Furthermore, state law restricts who can and cannot file a personal injury lawsuit. In general, only drivers who have suffered “serious injuries” are entitled to pursue damages beyond the limits of their insurance policy. Under N.Y. Ins. Law § 5102(d), a serious injury is any injury involving:

1. Death;
2. Dismemberment;
3. Fractured or broken bones;
4. Permanent or temporary loss of use of a body organ or member;
5. Permanent or temporary limitation of the use of a body organ or member;
6. Significant limitation of use of a body organ or member; and
7. Any non-permanent injury that prevents an accident victim from resuming their ordinary routine for 90 or more days out of the 180 days following a collision.

Many different types of injuries can be considered serious under this definition, including, but not limited to, broken bones, lacerations, and traumatic brain injuries.

The Elements of a Successful Car Crash Lawsuit

If an accident victim meets New York’s so-called “serious injury threshold” or sustains severe economic losses as a result of their collision, they are typically entitled to file a personal injury lawsuit.

For a personal injury lawsuit to succeed, claimants must usually establish:

1. The at-fault motorist owed them a duty of care;
2. The at-fault motorist breached their duty of care by acting in a negligent, reckless, or unreasonable manner;
3. The at-fault motorist’s negligence was the direct cause of the accident; and
4. The accident caused the victim to sustain damages compensable by a New York court.

Establishing each of these elements could prove unexpectedly challenging.

Simply assessing your damages, for instance, could invite conflict with the defendant’s defense attorney or insurance adjuster. Instead of accepting your assessment, they could contest your calculations, especially if you have suffered serious injuries or require longer-term medical care.

Get The Help You Need: Contact The Dietrich Law Firm P.C. Today

You do not have to accept excuses in place of a fair recovery.

The Dietrich Law Firm P.C. has spent decades fighting for the rights of car accident victims across Upstate New York. If you or a loved one has been injured in a wrong-way collision that was not your fault, you could be entitled to compensation for damages, including, but not limited to, the following:

1. Your existing medical expenses;
2. Your anticipated care needs;
3. Physical rehabilitation;
4. Mental health counseling and therapy;
5. Lost income from work;
6. Reduced or diminished earning potential;
7. Physical pain and suffering;
8. Emotional pain and suffering;
9. Disfigurement; and
10. Wrongful death.

New York does not cap damages in most wrong-way collision claims, but it does enforce a strict statute of limitations. If you wait too long to take action, the statute of limitations may well lapse, and once it does, you could lose your rights to recovery.

Do not take chances with your rights: please send the Dietrich Law Firm P.C. a message online, or call us at 1-866-529-5334 to speak to a Syracuse car crash lawyer and schedule your free, no-obligation consultation as soon as possible.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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