How Do Poor Weather Conditions Impact Your Car Accident Case?
Although car accidents can occur for a variety of reasons, weather conditions often have a significant impact on driving conditions. If a car accident occurs in poor weather conditions, it can be difficult to make a clear determination as to who acted negligently or which driver is liable for the damages. The following are some things you need to keep in mind if you are involved in a car accident in bad weather conditions.
Could Your Claim Be Denied Due to Bad Weather?
To win a claim for damages for a car accident, you have to prove the other driver was negligent in his or her actions. The negligence then helps to determine liability. You also need to provide proof that the damage and injuries you suffered were the results of the other driver's negligence.
In some cases, an insurance carrier will state that the weather was the primary cause of the accident. If this happens, you will likely have to pay for your own damages. This can be frustrating if you know for certain the other driver was acting in a negligent manner which led to the accident despite the weather. Cases like these are best left to your attorney to sort out. Your auto accident attorney will help you nail down solid evidence that proves the other driver was acting negligently and that the accident could have occurred in any type of weather condition. You can then appeal the insurance carrier's decision and stand a better chance at receiving compensation for your damages from the other driver.
What Is Duty of Care?
Every person who operates a motor vehicle has a duty of care when they get behind the wheel. Duty of care simply means that the driver will exercise great caution and care when operating the vehicle. If you are trying to prove the negligence of another driver during bad weather conditions, you can argue the other driver did not heed his or her duty of care.
For instance, if you are driving in a snowstorm with very little visibility, you have the duty of care to ensure you are acting carefully while you are behind the wheel. You have to reduce your speed, make sure your lights and windshield wipers function properly, and drive defensively. If another driver is speeding past you and ultimately collides with you, you could use the failure of the other driver's duty of care to prove your case despite the bad weather.
If you were in a car accident during poor weather conditions and you believe the other driver was acting negligently and caused the accident, you should work with an auto accident attorney to get a good outcome for your claim.