Personal Injuries: Be Careful, it’s Nice Out There

By Thomas R. Smith

Finally, the cold dreary days of winter are behind us and spring is in the air. With the warmer, nicer weather, comes an increase in motor vehicle accidents, and personal injuries motorcyclists, bike riders and pedestrians.

Drivers and pedestrians have the right to use the roadways, and have mutual duties and obligations to do so in a safe manner, and to look out for each other. More people are out walking and using some portion of the roads during the nice weather, and longer days. Both drivers and pedestrians must use reasonable care to observe anyone crossing into their paths of travel.

Motorists are faced with new challenges as the weather changes. Conditons that block normal observations, such as sun glare, fog, rain and lightening can lead to accidents. Drivers are expected to act prudently, and take the proper precautions associated with the conditions they are presented with to reduce the risk of harming someone else using the roadway, such as a pedestrian. Sometimes, if the conditions are such to severely impede visibility, they should pull over to the side of the road until the condition improves.

Pedestrians, which include bicyclists, using the roadways have similar duties and obligations to look out for their own safety as well as others. Pedestrians may only cross a street at a crosswalk, marked or unmarked, and once in that walkway, an approaching driver has an obligation to stop its vehicle, as opposed to merely yielding to the crossing pedestrian. Any collision between a vehicle and a pedestrian who is within the crosswalk, it will be presumed the driver did not exercise due care. When sidewalks are available, it is unlawful for one to walk along the roadway.

Bicyclists must follow the rules of road to help avoid personal injuries from accidents with motor vehicles. Operators must ride as far to the right of the roadway as possible, but may move left to make left turns, avoid hazards, or to pass a slower moving vehicle. A bicycle being operated a night should have a lamp in the front and red light in the rear. Bicyclists under the age of 17 must wear helmets.

Motorcycle accidents also increase during the nicer weather as ridership increases. More people are out riding in the Spring and Summer then in the winter months. The major causes of accidents with motorcycles involve driver inattention, or the inability to notice motorcycles, and driver speed, usually a motorcycle driving too fast for the conditions. Operators must take extra caution to ensure are seen by other cars and trucks on the road and don’t drive at excessive speeds. So doing will cut down on the number of an extent of injuries involving motor cycles.

According a New Jersey State Police report, many more crashes and fatalities involving motor vehicles, motorcycles and pedestrians occur during the nicer spring and summer months. The majority occur during clear weather and on a Saturday or Sunday. Therefore, take extra caution when using the roads during the nice weather. If you have been injured by a motor vehicle, contact my office so I, as an experienced personal injury lawyer can advise of your rights to recover for you injuries, losses and any other ways you have been harmed.

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