Whether the road is obscured by fog, slicked with rain or ice, or clogged with snow, bad weather can lead to an increased risk of getting into an accident. In fact, the winter is a time of year with some of the most multiple-car accidents, as poor road conditions contribute to an increase in rear-end accidents, head-on collisions, and side swipes. If weather is a factor in your car accident, will this lessen your liability for the crash, or will you be held to a higher standard of reasonable care because of the conditions? As always, it depends. Read on to learn how liability is determined (and how this affects your compensation) when a wintry storm is behind your accident.
When highways are icy, it is easy for drivers who are not driving in a reasonably safe manner to have trouble braking, resulting in a rear-end collision or in side swiping another car. In a multiple-car accident on the ice, it is often difficult to prove that one driver was less responsible than the other. While proving the liability of the driver could be successful if the other driver did not allow a great enough following distance or was going too fast for the weather conditions, accidents occur even when drivers are being cautious. It may be decided that the bad road is the real cause of the crash. In this case, both drivers would be assigned the same amount of liability.
Weather conditions then, are one of numerous factors that are used to determine liability. How a driver responds to these conditions is also a major factor. A couple of examples may be able to help illustrate the interplay of factors present in bad weather car accidents. If there is only a slight rain and a driver can see clearly, then the rain may be a nonfactor. As weather continues to worsen, however, the more responsible a driver needs to be. This usually means increasing the following distance, decreasing speed, etc. So even if a driver crashes into you while it is snowing on an icy road, for instance, then they may not actually be liable for the accident, not if it is determined that they were driving as safely as possible in such adverse conditions.
It is also possible for something other than driver behavior and bad roads to be at fault for a car accident. For example, states, municipalities, and businesses, may all have a duty of care for keeping parking lots, streets, and highways free from ice and snow. If a car crash occurs because such this duty of care was not upheld, then an injured driver may be able to pursue the responsible party with an injury claim. A legal expert may be able to help you to determine who is at fault for a car accident and to help you get compensation from the liable parties.
If you have to drive in bad weather, then following reasonable precautions can not only protect you from liability, but it can also keep you safer. Sometimes, this can even mean pulling over at a safe spot if necessary, such as if you need a nap or if you can barely see the road. As always, remember to wear your seat belt, and to make sure that all your passengers do the same. It also advisable to keep tuning into a local radio station that regularly gives updates on road conditions, while also remembering to keep the radio on low so you can better focus on the road. If you are in fog, remember to use your low beams. And of course, be sure to slow down as the weather worsens, and to realize that it will take you longer to stop in bad weather. Adjust your following distance accordingly.
Also, be sure to frequently assess your tires and brakes to make sure they are functioning well. You also want to make sure your headlights remain unobscured by grime, that your windshield stays clear, and that your windshield wipers work. And as bad weather means a longer trip, if you absolutely still have to take it, then try to plan ahead by leaving early or finding a safer route. If you still find yourself in a car accident, then one of the first things you should do is contact an experienced car accident attorney who may be able to help you obtain the full compensation you deserve after a crash. Look through our directory today to find the legal expert you need.