It’s complicated enough when two cars impact one another and one has to file for damages against the other. There are so many factors that come into play regarding the accident it can be difficult to prove one way or another. When the road conditions were bad due to ice, snow, rain or other problems, it gets even worse.
Who is responsible for an accident in bad weather? Is it one driver, both, or the weather conditions themselves? Learn about the kinds of accidents caused by bad weather conditions, how fault is determined in these cases, and how a car accident attorney can help.
Negligence in Car Accidents
Negligence is the primary factor in determining who is at fault for the purposes of an injury lawsuit. This means that one or both actors in the incident were acting in a manner that is irresponsible or inconsistent with the way a reasonable person would act in the same situation. Generally speaking, damages are awarded in car accidents based on both the severity of the injuries suffered and the degree of negligence shown.
Bad Weather and Negligence
When road conditions are bad due to inclement weather, this adds another level of complexity into the equation. While there is always an assumption that a driver should have control over their vehicle, bad weather can create problematic conditions very quickly, which can result in a driver acting negligently.
Generally speaking, when it comes to injury suits, insurance companies, and courts will take the exact weather conditions and nature of the accident into account. If for example, it had just begun drizzling and visibility and the road were not affected, weather can’t be a factor. If on the other hand, a sudden snow squall pops up that obscures vision and creates sudden slick conditions, the weather will clearly be factored in.
Effect on Damages
The degree to which the weather affected the accident will determine to some degree how much of a settlement you can get, as well as who will pay for the accident. If the weather caused the accident, generally each driver’s own insurance company will have to pay for their own damages up to the policy limits.
If the weather was not at fault, the negligent driver may be responsible for covering all damages just like in a standard accident. This is why it can be very important to have a good attorney in your corner.
Car Accident Attorney
When you are injured in a car accident, especially if weather could’ve been a factor, there are a ton of factors that could complicate your claim. This is why it is vital to hire a solid, experienced and qualified car accident attorney to back you up. An attorney will ensure that your rights are defended, that your injuries can be properly cared for and that you get the maximum compensation to which you are entitled under the law. If you find yourself in such a situation and live near Oklahoma City, don’t try to handle it alone. Call the auto accident attorneys at the Parrish DeVaughn Law Firm for a free consultation today.