The summer months in Upstate New York are a time for enjoying the outdoors, from boating on the Hudson River to backyard barbecues and road trips. While this season brings opportunities for recreation and relaxation, it also sees a rise in accidents. The legal team at O’Connor & Partners, PLLC, with offices in Kingston, Newburgh, Poughkeepsie, and Albany, wants to ensure our neighbors stay safe. If an accident does occur, it’s crucial to understand your legal rights.
This guide outlines common summer accidents and the potential legal issues involved.
On the Water: Boating and Swimming Pool Accidents
The Hudson River, along with numerous lakes and pools across the region, are popular summer destinations. Unfortunately, this also leads to an increase in water-related incidents.
Boating Accidents: Recent years have seen a significant jump in boating accidents on the Hudson River, particularly near Kingston, Newburgh, and Poughkeepsie. These incidents often stem from:
- Operator Inexperience: A surge in new boat owners means many operators may lack the necessary skills to navigate crowded waterways safely.
- Boating While Intoxicated (BWI): Alcohol is a leading factor in fatal boating accidents. Operating a vessel under the influence of alcohol or drugs is illegal and grossly negligent.
- Reckless Operation: Speeding, distracted operation, and failing to adhere to navigational rules can lead to devastating collisions.
Under New York State Navigation Law, boat operators have a duty to exercise reasonable care. If their negligence causes an accident, they can be held liable for injuries and damages.
Swimming Pool Injuries: A refreshing dip in a pool can turn tragic in an instant. Property owners, whether of a private residence, hotel, or a municipal pool, have a legal responsibility to ensure a safe environment. This is a key aspect of “premises liability.” Common causes of swimming pool accidents include:
- Inadequate fencing or non-compliant gate latches, leading to unsupervised access by children.
- Lack of or inattentive lifeguards.
- Slippery surfaces, broken tiles, or defective diving boards and drains.
If you or a loved one is injured due to a hazardous condition at a swimming pool, the property owner may be held accountable.
On the Road: A Spike in Summer Traffic Accidents
Summer brings more drivers to the roads, including tourists, motorcyclists, and teenagers out of school. This increased congestion contributes to a higher rate of auto accidents throughout the Hudson Valley and the Capital Region.
Key Causes of Summer Car Accidents:
- Increased Traffic Volume: More cars, trucks, and motorcycles on highways like the New York State Thruway (I-87) increase the likelihood of collisions.
- Distracted Driving: Summer activities can lead to more distractions, from changing a playlist to looking at GPS for a new destination.
- Construction Zones: Summer is peak season for road construction, creating confusing traffic patterns and hazards.
- Motorcycle Accidents: Riders are more vulnerable, and drivers often fail to see them.
New York is a “no-fault” state, but this doesn’t prevent you from filing a lawsuit if you sustain a “serious injury” as defined by state law. An experienced personal injury attorney can help you navigate this complex process.
Backyard and Outdoor Recreation Dangers
Summer fun at home or in local parks comes with its own set of risks. From grilling mishaps to playground falls, premises liability laws are in place to protect visitors. Property owners have a duty to maintain a reasonably safe environment and warn of any known dangers.
What to Do If You’ve Been Injured
If you are involved in an accident this summer, your first priority should always be your health.
- Seek Immediate Medical Attention: Even if you feel fine, some injuries have delayed symptoms. A medical record is also crucial for any future legal claim.
- Report the Accident: File a police report for a car accident or a boating accident report with the appropriate authorities. Notify the property owner in a premises liability case.
- Document Everything: Take photos and videos of the scene, your injuries, and any property damage. Get contact information from any witnesses.
- Do Not Admit Fault: Stick to the facts when speaking with anyone, including insurance companies.
- Contact an Experienced Attorney: It is vital to understand your legal options and the strict deadlines for filing a claim. In New York, the statute of limitations for most personal injury claims is three years, but for wrongful death claims, it is two years.
How O’Connor & Partners, PLLC Can Help
The aftermath of an accident can be overwhelming. The dedicated personal injury attorneys at O’Connor & Partners, PLLC have been serving clients throughout the Hudson Valley and the Capital Region for decades. We are committed to helping you recover the compensation you deserve for medical bills, lost wages, and pain and suffering.
If your summer has been disrupted by an injury caused by someone else’s negligence, please contact us for a free consultation. We have offices conveniently located to serve you.
Kingston Office 255 Wall Street Kingston, NY 12401 (845) 303-8777 View Map
Newburgh Office 356 Meadow Avenue Newburgh, NY 12550 (845) 375-8787 View Map
Poughkeepsie Office 11 Market Street, Suite 203 Poughkeepsie, NY 12601 (845) 404-1881 View Map
Albany Office 75 Columbia Street Albany, NY 12210 View Map
The summer has finally arrived, enjoy the sunshine and all the adventures available here in the Hudson Valley region. Stay safe, but if accidents happen; we’re here for you. Don’t hesitate to call us at (845) 303-8777.