To prevent accidents, drivers and other road users must adhere to the traffic rules and local and federal laws. However, this may not be enough, as road rage can take over, causing the driver to execute risky maneuvers, such as cutting one off.
While there is no specific law that addresses the legality of cutting someone off, the risky maneuver may fall under different laws depending on the facts surrounding the case. The Law Office of Carl Maltese has helped protect the rights of their clients and recovered millions of dollars in damages.
The attorneys at The Law Office of Carl Maltese can help the injured victims in Long Island, New York, by guiding them through the legal process. They are also able to assist with questions such as Is it illegal to drive with interior lights on in New York?
What Is Cutting Someone Off While Driving?
Cutting someone off refers to a driving maneuver where the driver enters the other motor vehicle's lane without considering their speed, causing the motorist to brake suddenly on the road, street, or public highway.
A driver may cut someone off intentionally or unintentionally. They may be experiencing frustration, causing them to pull off this risky maneuver as an act of road rage to harm or scare others.
In some cases, the motorist may need to make a left turn, or they could enter someone else's lane abruptly after a miscalculation.
Is It Illegal to Cut Someone Off While Driving in New York?
Since no laws directly address the act of cutting other drivers off while driving, general traffic rules apply in such situations.
Cutting someone off is an act of reckless driving, which could increase the risk of motor vehicle accidents. All drivers must adhere to the traffic rules and practice safe driving to ensure their safety and prevent crashes from happening.
Changing lanes recklessly, exhibiting road rage, and failing to yield the right of way are all traffic violations for which drivers may face citations. In addition to trouble with the law enforcement authorities, the motorist may be responsible for any damages caused due to their reckless driving.
What Should New York Drivers Do When Someone Cuts Them Off?
While getting cut off and slamming on the brakes in the middle of the road can be frustrating, all affected drivers must remain calm and avoid executing risky maneuvers. Road rage can not only place their life in danger but also adversely affect the safety of other road users.
When a driver cuts another motorist off improperly and causes an accident, it's crucial for the affected party to call the police department to report the incident. They must wait for the law enforcement officers to arrive while gathering as much evidence as possible. This includes photographing the damaged motor vehicles and injuries and reaching out to the witnesses.
In some cases, the other driver may speed off to avoid an interaction with the law enforcement officers. The affected party must write down their license plate number, as they may be able to pursue legal charges later on.
If the risky maneuver results in an accident, it's important for the affected party to seek medical help. Even if there are no apparent signs of bruising or injury, heading to a hospital for a thorough evaluation can identify any internal or delayed injuries.
What Are the Consequences of Cutting Someone Off in New York?
The consequences of cutting someone off depend on the facts surrounding the case. If a driver cuts another motorist off, their liability insurance will have to cover the costs in the event of an accident. Their reckless actions could also result in higher auto insurance premiums, and in some cases, they may be unable to purchase any coverage.
Another important thing to note is that the state may press criminal charges against the negligent driver for executing the reckless maneuver. The offenses may vary depending on the events leading up to the accident.
Suppose the driver is drunk and cuts someone off, resulting in an injury or death. In that case, the state may press criminal charges, which may include negligent homicide, aggravated vehicular homicide, vehicular manslaughter, or vehicular assault offenses. This can result in hefty fines, jail time, or a combination of both.
The law requires drivers to stop at an accident scene and offer help. When a driver cuts off another motorist, resulting in an injury or death, and flees, it is a criminal offense (hit and run), which could have serious repercussions.
On the other hand, those who accidentally cut other vehicles without causing an accident may receive a ticket or citation from a law enforcement officer. The fines may vary depending on the number of previous traffic violations.
Can Injured Victims Recover Compensatory Damages After an Auto Accident in New York?
Under the personal injury law in New York, injured victims may be able to recover compensatory damages if they suffered injuries due to another's negligence.
Personal injury law requires an individual to act as a reasonable person. Since cutting off while driving is a reckless act, the affected party may be able to pursue a claim against the negligent driver in the event of an accident.
However, the other driver's insurance company may make it challenging to recover compensation, which is why it's crucial to reach out to an experienced personal injury attorney for legal representation. They can also help with questions like Is it illegal to drive with fog lights on in New York?
How Can a Personal Injury Attorney Help Injured Victims in New York
Insurance companies are notorious for playing dirty tactics. An insurer, through its claim adjuster, may pressure the injured victim into accepting a lower settlement offer. It may even reject the complaint, citing lack of evidence or other reasons. The affected party must reach out to a Long Island automobile accident law firm, as they can help them tackle all of these challenges.
There are many ways the experienced personal injury attorneys at The Law Office of Carl Maltese in Long Island, New York, can help the injured victims, including the following:
Investigate the car accident to determine the at-fault driver and gather the necessary evidence to build a claim.
Calculate the economic and non-economic damages to the injured person.
File a personal injury claim with the other driver's insurance company while adhering to the legal process.
Get a copy of the accident report from the police station to include with the personal injury claim.
Negotiate fair compensation with the insurance company for the damages caused.
Go to court if there is a disagreement over a fair settlement.
The Law Office of Carl Maltese Stand with the Injured Victims in New York!
Those who have suffered injuries from this reckless maneuver in Long Island, New York, should call to schedule a free consultation with the experienced personal injury attorneys at The Law Office of Carl Maltese. They can help assess their case and protect their rights by holding the negligent party accountable for the damages caused.