So, we've gone over how vital fault is in a car accident because the party at fault is the one who pays. But the reason behind this comes down to negligence. Even though environmental conditions can make an accident more likely, that doesn't take away from the fact that drivers must act responsibly to ensure the safety of others in such settings. That means drivers who do not practice safe driving habits and forgo reasonable judgment are behaving negligently and thus liable to pay for damages.
Negligence is based on what a reasonable person would do under the same circumstances. So, in the instance of bad weather car accidents, reasonable drivers would make adjustments to accommodate the weather. Reasonable drivers would slow down when the pavement is wet or the roadways are otherwise adversely affected by the weather.
While any reputable insurance company would look into factors like this before determining fault, sometimes even the most perceptive insurance adjusters can miss something. A lawyer can make sure that every aspect of your accident is investigated. For example, we may examine the condition of the other driver's vehicle for signs of negligence.
A poorly maintained vehicle can absolutely increase the chances of a bad weather accident. Take, for instance, bald tires. Bald tires are incredibly dangerous in wet conditions like rain, snow, ice, and slush. A bald tire no longer has an adequate tread depth to channel water, which makes it easier to skid or hydroplane. Likewise, bald tires interfere with a vehicle's ability to brake, since tires provide the traction to enable braking. Other maintenance issues that can make a vehicle dangerous in bad weather are broken headlights and taillights, worn-out brakes, and dilapidated windshield wipers.
A lawyer will also look at road conditions to establish negligence. While the weather can greatly affect a car accident, poor road conditions can add to or be the direct cause of a collision. For example, potholes, deteriorated pavement, or inadequate road signage could indicate the government's negligence and involvement in your accident. Municipalities and even the federal government have a duty to maintain roadways to ensure the public's safety. However, suppose you believe your accident involved some failure on the part of a government entity. In that case, contacting us as soon as possible is crucial. The statute of limitations for any legal actions against the government is strictly regulated and much shorter than if you were pursuing a private individual.
Additionally, we'll work to verify if the other driver's actions were reasonable for the conditions, such as driving at a sensible speed for the weather and with an appropriate amount of distance between them and other vehicles. We'll also look to see if there were any steps the other driver could have taken to avoid the accident. One last thing is to investigate whether the weather event was expected or if it were a sudden occurrence. That means that if the other driver was driving with dilapidated windshield wipers during hurricane season, they were negligent because, in all probability, they knew or should have known it could rain.
Lastly, some bad weather accidents may involve pedestrians and bicyclists. While all drivers have a duty to be careful of others on the road, pedestrians and bicyclists also have some responsibility to exercise care, especially in bad weather. If they don't, they may be considered negligent.
Regardless of the complexities, you can be assured that when you work with Morgan and Morgan, all possible related causes for poor weather accidents will be explored.