Motorists drive the wrong-way down certain roads for a wide variety of reasons. While such a mistake could be innocent, the outcome of doing so could involve injury to you or your loved one. Under the legal principle of negligence, a person does not have to intend to harm you in order to be liable for your accident.
Being seriously injured by a motorist driving the wrong-way may entitle you to financial compensation for each and every type of damage you sustained, both economic and non-economic. Even if you are not sure whether you have a strong claim, contact the dedicated and experienced lawyers at Dansker & Aspromonte Associates at (212) 732-2929 for a free consultation. Our lawyers have been fighting for injury victims just like you since 1988.
Motorists Must Be Aware of Road Signs and Conditions
The Federal Highway Administration (FHWA) lists the many signs that a motorist might encounter on a Brooklyn roadway. Included in this list is the “Do Not Enter” sign, as well as other traffic signals or road direction signs which prevent motorists from driving in an area or manner that they should not be.
It is a motorist’s duty:
- To understand what road signs and signals mean
- To be aware of the signs and signals on a given road
- To obey any signs or signals on a road where they are driving
- To drive with care at all times
Whether it is a “Do Not Enter”, “Wrong Way” or other traffic direction sign, a motorist who sees an indication that they are driving in the wrong direction and proceeds anyway could be responsible for any accident that they cause. Even if they simply did not see the sign, they could be responsible for an accident caused by their own driving in the wrong direction.
The American Bar Association (ABA) explains the principle of negligence, which may be central to your case for compensation. Someone who is negligent generally does not intend to harm you. Yet, this person may act in a way that is considered careless or reckless, and could therefore be responsible for any harm that their actions cause.
In the case of a wrong-way accident, a motorist may be negligent for failing to see a sign or failing to understand what a sign means. The very fact that they were driving in the wrong direction could qualify as negligence. Some of the most common causes of driving in the wrong direction include:
- Driving under the influence of drugs or alcohol
- Distracted driving
- Fatigued driving
- Failure to drive with care
- Driver confusion or disorientation
A Wrong-Way Accident May Be the Fault of Other Parties Besides a Driver
In some instances, there can be other parties responsible for causing or contributing to a wrong-way accident besides the driver. Depending upon the unique facts and circumstances of your accident, evidence may show that there were other facts that caused the driver to be confused or directed to the wrong side of the road. Some examples include:
- A missing or obscured traffic sign
- A confusing road sign that created an unclear direction
- Construction work which altered the usual traffic pattern
- A non-operative or defective signal
- Poor roadway design or lighting
Other parties who may be held to have caused or contributed to a wrong-way accident may be the City of New York, a utility company such as Con Edison, Verizon, or a construction company performing roadwork. A thorough investigation of the facts of your case is essential to uncover evidence that supports this type of fault claim.
Our Lawyers Will Fight for You
If you have been seriously injured by a wrong-way driver, you have the right to fair and just compensation for your injuries. The sooner you speak to a lawyer about your case, the better. Don’t delay since there are deadlines that limit your rights to recover certain benefits and compensation. If you fail to bring your claim within the deadline, you may be prohibited from receiving the benefits and compensation you deserve. Once you retain our lawyers, we can begin to investigate the unique facts and circumstances of your case, preserve evidence, file all claims in a timely manner, establish fault and build a strong claim for maximum financial compensation for you while you focus on your own recovery.
Some of the actions we may take to build a strong claim for you include:
- Gathering all accident and incident reports
- Interviewing witnesses
- Hiring experts in accident reconstruction and roadway design
- Taking photographs of the accident scene and vehicle damage
- Obtain sworn statements of all involved parties
- Collecting all medical and hospital records
- Retaining medical experts to evaluate the full extent of your injuries
- Analyzing lost wages and employment records
- Calculating all out of pocket expenses
Potential Compensation from a Lawsuit
If the evidence shows that your serious injuries were the result of the fault of another driver, the law entitles you to fair and just compensation for each and every type of damage you sustained including:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Future pain and suffering
- Lost wages
- Loss of retirement or pension benefits
- Future lost wages
- Hospital and medical expenses
- Future medical expenses
- Out of pocket expenses for transportation, medications, medical equipment, and adaptations around the home
- Loss of services
- Damage to the marital relationship
- Property Damage
Every case is unique. What might be fair and just compensation to one person may not be fair and just to another. Our lawyers will fight for the right amount of compensation for you based upon your particular situation. Since 1988, Dansker & Aspromonte Associates lawyers have dedicated their practice to ensuring that injury victims recover what they deserve.
Call Dansker & Aspromonte Associates Today
Even if you are not sure if you have a case, call the team at Dansker & Aspromonte Associates today. Our consultation is free and if we agree to accept your case, you will not be required to pay us any money upfront. We only earn a fee when we recover compensation for you. Don’t delay since there are deadlines that can limit your rights.
Call Dansker & Aspromonte Associates today at (212) 732-2929.