Car accidents can happen for any number of reasons. The weather plays a major role in many auto accidents. This makes determining liability difficult. If you are in a car accident when the weather conditions are poor, the amount you receive in damages, if any, is determined by who is at fault. Here are some things you should know.
Can Claims Be Denied for Accidents in Poor Weather?
To receive damages for your accident in bad weather conditions, you have to show proof the other driver was negligent and caused the accident. You also have to prove the damage and injuries you have were the result of the negligent driver.
If the insurance company determines the weather was the main reason for the accident, you and the other driver will likely have to cover your own damages. This is upsetting if you are certain the other driver caused the accident. Because these cases are complex, you should have your attorney look into the details of the case to see if the other driver indeed acted negligently so you can recoup your losses.
Is There a Duty of Care Required of Drivers?
All drivers of vehicles have a duty of care to make sure they are carefully and safely operating a vehicle to ensure everyone is safe on the roadway. A way to prove negligence is to show the other driver did not heed his or her duty of care.
For example, if you drive in heavy rainfall with limited visibility, you have the duty to drive more carefully to prevent an accident. You should adjust your speed limits accordingly, turn on your headlights, and drive defensively while looking out for other cars on the road.
How Can a Driver Be Negligent?
If a driver is not driving with the duty of care, he or she can be negligent. A driver can also be negligent if he or she has not taken proper precautions to ensure the vehicle is safe for the road during bad weather. For instance, a car needs functioning windshield wipers and working headlights. A driver should also not drive recklessly and should obey traffic signals and warnings. The failure to do so means he or she can be held responsible for all damages caused by negligence.
If you have been in an accident in bad weather and you believe the other driver is the cause, you should contact your auto accident attorney to investigate and possibly get compensation.