Motor Vehicle Accident On New Year’s Eve 

New Year’s Eve—Motor Vehicle Accident Facts 

Motor vehicle accidents are one of the leading causes of death and serious injury all year. However, New Year’s Eve and even New Year’s Day can see an increase in fatalities and debilitating lifelong injuries. 

The NSC (National Safety Commission) estimates that approximately 403 fatalities will occur during the New Year 3-day celebration in 2023. This is an uptick compared to the general amount of fatalities reported during the rest of the year. It is also an uptick because of the extended holiday of 2022-2023.    

According to the NHTSA (National Highway Transportation Safety Association) of the Department of Transportation, approximately 32 individuals die in highway-associated deaths per day in the USA. That is estimated at one fatality every 43 seconds. 

In 2023, the New Year holiday falls on a Sunday, making Saturday and Sunday a time of celebration. It also encompasses the day after December 31 and January 1, including January 2, so that in 2023 this holiday has a longer statistical spread. This can increase the number of motor vehicle accidents due to time on the highways in poor conditions.  

Car Crash from DUI

Major Causes of New Year Holiday Motor Vehicle Accidents 

As of December 13, 2022, the NSC released a press release to try and alleviate the three most common reasons for holiday motor vehicle accidents. Called the Highway Safety Campaign, the objective is to raise awareness of holiday tragedies and to prevent them from occurring. 

DUI (Driving Under the Influence)

This has always been a problem when individuals drink alcohol and drive during holidays. It has increased in magnitude, however, as marijuana, even medical marijuana, has been added to the mix of being under the influence. 

Both alcohol and marijuana change perception and brain chemistry and lead to poor judgment while driving. This makes driving a crime while maintaining certain levels of either in one’s bloodstream. 

Distracted Driving

This type of driving, generally while texting, is prevalent all year. During the holidays, however, individuals can be texting while driving because they are already impaired. It might occur more often because partygoers and family members make many plans during the holiday season, according to the BTS (Bureau of Traffic Statistics)Travel also increases during any holiday period, especially between Thanksgiving and the end of the New Year holiday. 

This increase can be upwards of 50 percent more individuals traveling across the nation who also are in a rush to get to their destinations. Unfortunately, this does lead to rather disastrous motor vehicle accidents many times. 

According to Ashley Halsey III, writing for the Washington Post, more individuals check their social media accounts and other online messages while driving. (Halsey, 2018, Washington Post). There is no apparent reason to determine why this occurs, but previous family events may be a cause. 

Fatigued Driving

The first two factors above contribute to what the NSC (National Safety Council) refers to as “drowsy driving.” As a result, the NSC has started a grassroots campaign to address fatigued driving. There is now a Drowsy Driving Prevention Week each November, where individuals can obtain information on how to prevent this occurrence. 

Falling asleep at the wheel can be deadly, but even fatigue impairs judgment and reflexes. Combine this with even mild alcohol or drug impairment and distractions when driving, and the risk factors of having a motor vehicle accident increase dramatically. Getting caught up in the hustle and bustle of the holiday season is easy, and welcoming in a New Year is an exciting time. Judgment, however, must remain clear and unencumbered by fatigue, alcohol, drugs, or distractions while driving.

Speeding

Needless to say, no event is worth getting injured to attend, nor is any event worth the price of being charged with speeding. Holidays should be relaxed if possible, and going beyond the speed limit does not add to any festive feeling

Additional Facts on New Year Motor Vehicle Accidents

  1. Police can be overwhelmed by the volume of accidents, so facts must be accrued with strict attention to detail if an accident occurs. 
  2. Never make statements to police or others without consulting an attorney first, as many accidents are not “one party” accidents but a combination of factors, including winter weather. 
  3. Insurance companies always seek to win for their clients, and only the best attorney with the most experience in motor vehicle accidents should be sought. 
  4. Never, ever leave the scene of an accident. This in and of itself can lead to criminal charges. 

If, unfortunately, you find yourself the victim of a vehicular incident or are charged with DUI or other crimes while driving, Christian J. Hoey, Esq., and his team of experts at Hoey Legal, located in Paoli, PA, make finding the legal assistance needed in times where every second counts. 

Recreation of crash sites, as well as attention to the most implicit detail, make Hoey Legal the most appropriate choice for the rigorous representation of clients involved in any motor vehicle catastrophe. There is a free consultation, a form, an email, and two phone numbers for immediate assistance. 

Summary—New Year Holiday Motor Vehicle Accidents The “clock starts ticking” on any motor vehicle accident the minute the accident occurs. Therefore, immediate assistance must be sought to prevent long-term consequences of either untimely death, traumatic brain injury, other disability, or criminal charges. 

For more information on all our legal services, visit us at HoeyLegal.com or call us at (610) 647-5151.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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