Does Bad Weather Remove Fault For a Motor Vehicle Accident?
When the weather places a significant role in the occurrence of an accident, it can be difficult to determine whether or not a driver can still be held liable for damages. Does the presence of bad weather protect a driver from being held liable for damages? It often depends on the circumstances of the accident. However, more often than not, the presence of bad weather doesn’t excuse drivers from liability.
At Mintz Law Firm, our auto accident attorneys know what it takes to hold negligent drivers accountable for their actions. Bad weather is not a scapegoat for negligent behavior, and our attorneys can ensure that the party responsible for your injuries and other losses is held responsible. Protect your right to fair compensation by contacting Mintz Law Firm today.
In Inclement Weather Conditions, Is Anyone Liable for an Accident?
While no one can be blamed for bad weather, a rainy day doesn’t automatically excuse drivers who collide with other vehicles from being held liable. The same applies to fog, snow, or a full-blown storm.
Regardless of the weather outside, people are still legally obligated to exercise caution. If a driver makes a wrong move or a careless decision that results in another party getting seriously hurt, the injured person may be able to file a personal injury claim against them.
When Is a Driver Liable For an Accident That Occurred in Inclement Weather?
Weather doesn’t excuse reckless or careless behavior on the part of drivers. Regardless of whether it’s a sunny day or a stormy day, drivers must exercise a certain level of care to prevent causing harm. When they fail to uphold that standard of care, and a person is injured, they may be liable for damages. Common examples of negligent behaviors that can be used to prove a person liable, regardless of the weather conditions, include :
- Distracted driving: There is often low visibility in bad weather. Therefore, drivers must be focused on factors outside the car and minimize distractions inside.
- Speeding: Traveling too fast in inclement conditions is a major cause of weather-related accidents.
- Tailgating: Following too closely behind a vehicle increases the odds of hitting the vehicle in front. Additionally, it takes more distance to come to a stop in inclement weather.
- Making aggressive maneuvers: If a driver cannot tell what another driver is trying to do or that driver makes a sudden improper lane change, they can force a driver off the road or make them collide with another object in their effort to avoid hitting the driver performing the aggressive maneuver.
- Having malfunctioning equipment: Some drivers are held to a higher standard than others. For instance, commercial trucks can do a lot more damage than the average car, so their drivers must make sure everything is working properly before hitting the road.
After a weather-related accident, don’t assume it was the result of the bad weather or that it couldn’t possibly be avoided because of the bad weather. Contact an experienced personal injury attorney to investigate the circumstance that led to your accident. Insurance companies are notorious for trying to deny or diminish rightful claims, and bad weather can give them a strong excuse to do so unless you contact a skilled attorney to protect your rights.
Contact an Experienced Car Accident Attorney at Mintz Law Firm
When you’re in an accident that appears to be the result of the day’s bad weather, it’s important to speak with an experienced auto injury attorney before assuming that the weather alone is to blame for the accident.
At Mintz Law Firm, our attorneys are more than familiar with insurance companies jumping at any chance to deny claims or offer lowball settlements. Our attorneys can ensure that you’re not accepting any settlement offers or verdicts that don’t completely cover your financial needs after the accident. Contact our firm today to schedule a consultation at (303) 462-2999 or complete our online contact form to ask for more information about our services.