Standing water on the roads can cause a vehicle’s tires to lose traction and ride on top of the water, making it difficult for drivers to maintain control. This is known as hydroplaning, and motorists in New York could experience a hydroplane car accident after heavy rains or other conditions that cause standing liquid on roadway surfaces.

Hydroplane accidents can leave drivers feeling powerless, but you shouldn’t feel that way when fighting for compensation after a car accident. The Mark E. Seitelman Law Offices have been helping injured New Yorkers for over 30 years, and our team will support you throughout the claims process to ensure you have the best chance of recovery. We fight tirelessly for our clients to ensure their rights are protected, and when you work with us, you can trust that you have an attorney who will be there to support you every step of the way.

How Fault Is Determined in a Hydroplaning Accident

New York is a no-fault state. This means that drivers involved in accidents typically file a claim with their own insurance companies regardless of who caused the accident. However, fault can still play a role in recovering compensation even in no-fault states, especially if one driver’s negligence contributed significantly to the crash and caused extensive damages. In the case of severe injuries after a hydroplane accident, New York’s serious injury threshold may be met in order to pursue damages by filing a lawsuit against the at-fault driver.

It may seem as though the driver who hydroplanes and loses control of their vehicle is at fault for the accident, but that is not always the case. Your attorney will work closely with you to gather and analyze evidence to determine the cause and help you recover compensation for your severe injuries. Evidence that may be helpful in your case includes:

  • Police reports
  • Video footage from dashcams or security cameras
  • Eyewitness testimony
  • Expert witness opinions

The Impact of State Fault Laws on Hydroplaning Accident Claims

Because New York limits accident victims’ eligibility for filing personal injury lawsuits, it’s crucial that you work with an experienced attorney who can build a strong case and present supporting evidence of your claim. State law requires that accident victims prove at least one of the following in order to file a personal injury lawsuit after a car accident:

  • They incurred an economic loss of more than $50,000
  • They suffered a serious injury

For the purposes of filing a New York hydroplane accident claim, the following injuries or medical conditions would meet the definition of a serious injury:

  • Dismemberment
  • Fracture
  • Significant disfigurement
  • Permanent loss of an organ, member, or bodily function
  • Significant limitation of bodily function or system
  • Permanent consequential limitation of an organ or member
  • Disabling injury that severely limits daily activities and lasts at least 90 days

There are extensive statutory and case laws that dictate how car accident claims are handled in New York, and having an experienced attorney can make a significant difference in the outcome of your case.

Who Could Be Liable in a Single-Car Hydroplaning Accident?

Because New York is a no-fault state, your insurance policy may cover your damages after a single-car hydroplaning accident. However, if your damages exceed the limits of your policy, you may need to consider filing a lawsuit. This can be complicated if you were the only motorist involved in the crash.

Weather conditions can cause accidents, but in single-car crashes, inclement weather may need to be the only contributing factor in order for a driver to avoid liability. Hydroplaning often occurs as a result of standing water on the road and driving behavior, and because motorists in New York have a duty to operate their vehicles safely, this could create challenges after a hydroplane car accident.

If your attorney discovers that someone else is liable for your accident, you may be able to file a lawsuit to recover damages for your serious injuries. State governments, local municipalities, and car manufacturers may be liable in a single-car hydroplane accident if their negligent actions led to your crash. Government entities are responsible for maintaining the roads and ensuring they are safe for travel, and parts manufacturers must ensure their products are not defective. If these duties are breached and cause you to crash, the responsible party could be held liable for your injuries.

Preventing Hydroplaning Accidents: Safety Tips for Drivers

Collisions cannot always be avoided, but implementing certain safety measures can decrease the risk of hydroplaning accidents.

Do Not Drive in Heavy Rain

If possible, avoid driving in heavy downpours of rain. Wait until the rain stops, or plan ahead to leave early and arrive at your destination before the rain begins.

Slow Down in Inclement Weather

Hydroplaning is more likely to occur when drivers travel at faster speeds, so slow down when the roads are wet.

Don’t Make Sudden Turns

Turning the wheel too quickly to make sharp turns can make it more likely that your car will hydroplane.

Perform Regular Car Maintenance

Ensure your tires are in good condition and properly inflated before traveling in rainy or wet conditions.

Why You Should Consult an Attorney After a Hydroplaning Accident

The Law Offices of Mark E. Seitelman provide personalized representation and compassionate advocacy for our clients who were injured in hydroplane accidents. Navigating New York’s no-fault system to recover sufficient compensation for your serious injuries can be overwhelming without support from a trusted car accident attorney, so contact us today to schedule a free case evaluation.