Accidents are sudden and can pull us out of our lives for a moment and have very lasting consequences. Time spent out of work due to injury, medical bills piling up, assessing property damage if any, vehicle repairs or having to buy a new car, emotional trauma–any of these can be life-altering. But, accident victims do have a way to recover much of what was lost by enlisting the services of a lawyer.
A personal injury attorney will be sure to assist crash victims with navigating the claims process with insurance companies, alleviating outstanding medical debts, and legal guidance when filing paperwork.
Many car crash claims are a result of driver negligence or other fault-based factors, but who becomes liable when severe weather is the culprit?
Inclement-weather activities could lead to severe road conditions or wear-and-tear on someone’s vehicle and eventually lead to a car accident. Car accidents caused by weather conditions could include:
- Heavy rain
- Fog
- Snow or freezing rain
- Hail
- Blizzard
- High winds
- Natural disaster (acts of God)
It is important for drivers to understand how weather impacts injury risks, and why hiring a lawyer is a necessary step toward financial compensation in the aftermath of an accident.
What Should You Do After a Car Accident Due to Weather Conditions?
If you were involved in a bad weather accident, you should first and foremost seek medical attention for your injuries. You should contact 9-1-1 and consult with authorities on the incident, as well as reporting the accident to the police.
Assuming you are healthy enough to do so, you should examine the extent of damage to your vehicle and immediate surroundings. Documenting the scene of the accident will be an essential step toward making a successful accident claim, because any evidence, including photographs, noting the time of day and any information on the weather such as temperature or forecasts, could be used by your lawyer in determining liability and negotiating a settlement.
Following treatment for your injuries, having medical records to demonstrate the impact of the accident on your physical and mental health will also assist in building a stronger case. If at all possible, having eye-witness testimony will also play a factor in verifying facts of the case.
Finally, contact a New York City car accident lawyer and get an estimate on how much your car accident claim may be worth.
Key Factors in Determining Liability
Insurance adjusters and opposing counsel will look at factors such as vehicle maintenance and whether the driver followed traffic laws and took the proper safety precautions. If failure to stop or make reasonable driving adjustments were a result of a mechanical failure, then liability could fall on the car manufacturer.
In tort law, which governs personal injury cases, drivers have a duty of care to ensure the safety and well-being of others. Reasonable person standard is a concept that asks whether or not a driver or individual takes the same level of care that an ordinary person would (i.e. not driving through a red light). If not, that driver could be held liable.
The state will also have a duty of care in regards to road conditions and having adequate hazard signs in place. Especially in the Northeast where potholes are common during the winter months due to snow and freezing temperatures, states must ensure that roads are safe to pass through during inclement weather. Speed limits are also enforced so that drivers are not speeding recklessly over icy roads, for instance.
How Do the Courts and Insurance Companies Determine Who’s at Fault in Weather Accidents?
Insurance companies will look at all the facts of the case and try to establish how much of the accident was a result of negligent driving even if it was a single-car accident due to weather. They will analyze whether the driver met their duty of care and safety precautions, and also recognize if the roads were poorly maintained during or after hazardous conditions.
Courts may adhere to comparative negligence laws, or shared liability, which will distribute compensation based on the percentage of fault determined. That means that if the court rules that the plaintiff was 50% at fault and the other 50% was due to weather-related hazards, the plaintiff will only be distributed half of the settlement offer.
Why is it Important to Know Who’s at Fault?
Fault determination as it pertains to a car accident claim refers to whether you will be fairly compensated for your damages. Usually, adjusters will attempt to minimize payouts by claiming that the driver affected the crash in some way, so the burden of proof will fall on the victim (plaintiff) and their legal representation to prove they did not affect the crash.
How Can You Reduce Your Risk of Accidents in Bad Weather?
The number one rule for driving in bad weather is to slow down or decelerate, especially during turns or stopping at intersections. This way, accident severity or risk of hydroplaning or losing vehicle control is reduced significantly.
Drivers should be aware of the dangers of distracted driving, especially in cases of bad weather, as distractions such as phones, loud music and daydreaming can lead to an accident.
Contact Our Attorneys At Omni Injury and Accident Law, P.C. Today!
At Omni Law, our dedicated team of attorneys will work hard to get you the compensation you deserve for your pain and suffering as well as lost wages. Through our years of experience in negotiating settlements and working on civil cases, we provide legal guidance and financial relief to accident victims in New York.
Schedule a consultation today with our lawyers, and find out what your accident claim could be worth.