Car Accident Litigation in NYC: Strategies for Adverse Road Conditions
According to the New York City Department of Transportation (“NYC DOT”), pedestrian fatalities follow a strong seasonal pattern, with traffic fatalities occurring 50% more frequently between September and January than during other times of the year.[1] Car accidents are all too common in NYC, and their dangers are magnified by adverse weather and shifting road conditions throughout the year.
Determining liability for car accident injuries is complex, especially when factoring in NYC’s dense urban environment, unpredictable weather, and resulting roadway hazards. This complexity increases in cases involving potential municipal negligence.
This article clarifies how adverse seasonal conditions can affect personal injury claims arising from auto collisions. While it provides a helpful overview, it is not a substitute for legal counsel. If you have been injured in a car accident, please reach out to the experienced attorneys at Dansker & Aspromonte Associates. Our team understands how to navigate injury claims involving municipal factors and NYC’s unpredictable weather. Contact us here or call (212) 732-2929.
Adverse Weather and Transitional Periods Mean Increased Accident Risks
What are the hazards of transitional weather?
Driving in inclement or transitional weather presents serious risks. Below are several key hazards affecting drivers during fall, winter, and early spring in NYC:
- Snow & Ice: New York City averages approximately 25 inches of snow annually. Snow and ice reduce tire traction and braking efficiency. In addition, snow removal practices—including plowing, salt, and chemical deicers—can exacerbate preexisting road damage.[2]
- Potholes & Deteriorated Surfaces: While most drivers associate potholes with vehicle damage, they also pose a real safety risk. Studies show that pothole-related accidents make up about 1% of total roadway crashes.[3] In NYC, these defects have cost the City nearly $138 million in injury and vehicle damage settlements over six years.[4]
- Reduced Visibility: Shorter daylight hours in fall and winter increase the likelihood of collisions. Low light during peak commute hours reduces visibility for both drivers and pedestrians.
- Flooding & Drainage Problems: According to the U.S. Department of Transportation, 75% of all weather-related crashes happen on wet pavement.[5] Flooded lanes reduce usable road capacity and create traffic chokepoints, heightening crash risk.
Statistical Impact of Weather on Car Accidents
Studies confirm that adverse weather substantially increases the risk of car accidents. According to the U.S. Department of Transportation, approximately 75% of all weather-related crashes are linked to wet pavement and rainfall.[6] In New York City, transitional weather periods—such as early winter (when snow and ice first appear) and spring (when heavy rainfall and potholes peak)—pose elevated dangers for drivers and pedestrians alike.
Legal Framework: Municipal Liability, Exceptions, and Comparative Negligence Under New York Law
Under New York law (specifically N.Y. GEN. MUN. § 50-i), municipalities like New York City can be held liable for accidents caused by their failure to maintain roadways in a safe condition. However, liability is not automatic—certain criteria must be satisfied, and exceptions apply. This section explores the rules governing these claims and how New York’s comparative negligence law can affect your case.
Municipal Liability for Road Conditions
If an individual is injured in a car accident due to unsafe road conditions, they may file a lawsuit against New York City if the following legal requirements are met:
- The injured party must serve a formal notice of claim on the City, in accordance with statute.[7] This notice must be served within ninety (90) days of the accident.[8]
- At least thirty (30) days must elapse between serving the notice and filing the complaint, and the complaint must affirm that this waiting period has passed.[9]
- The lawsuit must be filed within one year and ninety (90) days from the date of the alleged incident.[10]
These claims rely on the City’s duty to maintain streets and roadways in a reasonably safe condition and to provide adequate warnings of known hazards.[11] In the context of weather-related hazards, NYC must remove snow, ice, or debris once it has received notice and had a reasonable opportunity to address the danger.[12] Additionally, the City has a duty to maintain adequate street lighting, particularly important during the darker fall and winter months.[13]
Exceptions to Municipal Liability
Even though NYC is responsible for road safety, the law recognizes important exceptions. One key limitation is the storm-in-progress rule. This doctrine states that the City is not liable for injuries resulting from slippery conditions that occur while a storm is actively ongoing, or for a reasonable time thereafter.[14]
The phrase “reasonable period of time” refers to the interval in which the City should have discovered the hazardous condition and addressed it with reasonable care. If an accident occurs before that window has passed, liability may not attach.
Comparative Negligence
New York follows a legal doctrine known as comparative negligence.[15] Under this rule, if a plaintiff is found partially at fault for their injuries, their financial recovery will be reduced in proportion to their assigned percentage of fault.
For example, if a driver was speeding when they hit a patch of black ice and crashed, and a jury finds NYC 65% at fault for failing to address the icy road but also assigns 35% of the blame to the driver, the plaintiff will only recover 65% of the damages. So, if the jury awards $100,000 in total damages, the plaintiff would receive $65,000.
Time Limits for Municipal Claims
Strict deadlines apply when filing a claim against New York City. First, a notice of claim must be served on the City within 90 days of the incident.[16] Failure to meet this deadline can result in the claim being barred entirely.
Second, the injured party must file the lawsuit within one year and ninety days from the date of the accident. Missing either deadline can permanently eliminate your right to compensation, making timely legal action essential.
Retaining experienced legal counsel early is critical to avoiding these procedural pitfalls and preserving your rights.
How to Document Adverse Weather Conditions
While it can be difficult to gather evidence in the immediate aftermath of a crash, proper documentation can greatly improve the strength of your case. Here are key steps to take:
- Take photos and video of the road, including snow, ice, flooding, potholes, or lack of lighting. Use video to capture areas that are poorly lit.
- Identify witnesses and gather their contact information. If possible, ask them for a short statement at the scene.
- Document weather conditions using historical data from the National Weather Service for the day of the crash.
- File a police report and obtain a copy as soon as it becomes available.
- Report hazardous conditions to 311. This not only alerts the City to fix the issue but also creates a documented record of your complaint, which may support your claim.
What to Do After Your Accident
Taking the right steps after an accident will protect your health and your legal case. If you’re physically able to act, these steps are essential.
Seek Medical Attention
Always seek prompt medical care. Some injuries may not present symptoms right away, and early treatment prevents complications. Visiting a doctor immediately also creates a record of your injuries, which strengthens your claim.
Retain Counsel
Once your immediate medical needs are addressed, consult a qualified personal injury attorney. An experienced attorney can investigate whether you have a viable negligence claim against NYC and ensure your notice of claim and complaint are timely filed. The sooner you act, the greater your chance of securing full compensation.
Do Not Make a Statement
Insurance companies may attempt to contact you shortly after the accident to request a recorded statement. You are under no legal obligation to speak with them. Once you retain legal counsel, your attorney will guide when and how to give a statement—ensuring it is done under conditions that protect your rights and best interests.
Do Not Accept Early Settlement Offers
Never accept a settlement offer before consulting an attorney. Insurers and municipal defendants often make early lowball offers, especially when the injured person has not yet retained legal counsel. These offers may not reflect the true value of your claim. Instead, consult an attorney who can negotiate from a position of strength and assess your long-term damages.
Conclusion
As demonstrated, adverse weather plays a significant role in causing car accidents in New York City. Conditions like black ice, flooding, potholes, and low visibility put drivers at risk. The City has a legal duty to address and mitigate these dangers, and when it fails, it can be held financially accountable for the resulting injuries.
At Dansker & Aspromonte Associates, our attorneys have decades of experience handling weather-related car accident claims. We understand the impact these injuries have on your physical health, your finances, and your ability to live a normal life. We fight to ensure our clients receive the compensation they deserve.
If you are looking for compassionate, diligent legal advocates, contact our car accident attorneys today. You can reach us through our online contact form or by calling (212) 732-2929.
[1] NYC DOT, “Seasonal Variations in Pedestrians Killed or Severely Injured (KSI) (2010-2014), https://www.nyc.gov/html/dot/html/about/dotlibrary.shtml#reports.
[2] Impact of Winter Weather on U.S. Roadways, The Transtec Group (Accessed April 2025), https://www.thetranstecgroup.com/impact-winter-weather-us-roadways/#:~:text=Accumulating%20snow%20and%20ice%20on,exacerbate%20roadway%20wear%20and%20tear..
[3] Vialytics, “The Dangers of Potholes: A Growing Threat to Public Safety” (Published August 12, 2024), https://www.vialytics.com/blog/dangersofpotholes#:~:text=Hitting%20a%20pothole%20can%20cause%20a%20driver%20to%20lose%20control,at%2035%20miles%20per%20hour..
[4] Id.
[5] U.S. Department of Transportation, Rain and Flooding (Accessed April 2025), https://ops.fhwa.dot.gov/weather/weather_events/rain_flooding.htm#:~:text=Each%20year%2C%2075%20percent%20of,crashes%20on%20wet%20pavement%20annually.
[6] U.S. Department of Transportation, Rain and Flooding (Accessed April 2025), https://ops.fhwa.dot.gov/weather/weather_events/rain_flooding.htm#:~:text=Each%20year%2C%2075%20percent%20of,crashes%20on%20wet%20pavement%20annually.
[7] N.Y. GEN. MUN. § 50-i (2024).
[8] N.Y. GEN. MUN. § 50-e (2024).
[9] N.Y. GEN. MUN. § 50-i (2024).
[10] N.Y. GEN. MUN. § 50-i (2024).
[11] Friedman v. State, 67 N.Y.2d 271, 283-84 (Ny. 1986).
[12] Bruce v. State, 146 N.Y.S.2d 767 (1997).
[13] Parada v. City of New York, 613 N.Y.S.2d 630 (1994).
[14] Riviere v. City of New York, 127 A.D.3d 720 (N.Y. 2d. Div. 2015).
[15] NY CPLR § 1411.
[16] N.Y. GEN. MUN. § 50-i (2024).
