Weather events can have a huge impact on the safety of roads for drivers. Extreme weather conditions, such as wind, rain, and extreme temperatures, make roads more hazardous and can even lead to closures or restricted speeds.
A quick shift from sunny to rainy roads can lead to a driver losing control of their car and causing an accident. In turn, this can lead to great financial losses for the injured party due to medical bills, property damage, rehabilitation costs, and more.
It sometimes takes legal assistance to determine who can be held liable in such circumstances. A car accident lawyer in Florida can help you sort out how weather conditions may impact your accident case.
What to Do When the Weather Caused an Accident
Adverse weather conditions can be dangerous for drivers in the Sunshine State, as it is not uncommon to experience high winds, storms, and other inclement weather. Car accidents are frequently caused by bad weather, leaving many drivers questioning whether they can avoid liability by blaming their crashes on the elements.
It all depends heavily on the circumstances of your accident. To learn about your options, it’s best to speak with a Florida personal injury lawyer. Your lawyer will analyze your case and explain how fault may be attributed based on state laws so that you fully understand your rights and options.
An experienced attorney will be able to explain any potential legal implications for filing a lawsuit against at-fault parties for negligence that can result from poor road maintenance due to wet or icy roads or careless motorists.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
What to Consider in a Weather-Related Accident Claim
Icy roads, high winds, heavy rains, and fog are all weather conditions that can make driving much more risky. When Mother Nature is to blame for an accident, proving which driver was at fault can be difficult. However, understanding the factors that go into a bad weather accident can help build your case.
The condition of the road on which you were driving plays a major role in bad weather car accidents. Poorly maintained roads are typically more dangerous than intact roads. Windy or steep road conditions can also increase the risk of an accident.
Some of the things your auto accident lawyer may consider include:
- The history of accidents occurring on the road where your accidents occurred
- The driver’s toxicology reports
- Traffic camera footage, surveillance video, cell phone images, dashcam video
- Eyewitness testimony
- The weather conditions at the time of the crash
Careful consideration of existing weather records and local conditions can go a long way in helping assess fault and build a strong case for insurance claims or legal action. Further, reconstructing the events leading up to the crash may help determine if negligence was displayed by either party prior to or during the event.
This could improve your chances of recovering damages from any form of litigation. Having sufficient evidence that accounts for all these factors can mean better chances of success for accident victims seeking reparations for medical bills and emotional trauma experienced due to car accidents.
Who Pays for My Injuries in an Accident Caused By Bad Weather?
When a car accident is caused by adverse weather conditions, the question of who is liable becomes an important one. Should the driver take full responsibility, or could someone else’s negligence contribute? Some of the negligent parties that could be responsible may be:
- Another motorist
- The government agency responsible for roads or traffic signals
- Another driver’s employer
- A vehicle or parts manufacturer
If a government or municipality failed to properly maintain the roads leading up to the accident, they may have some liability. However, many states may hold the driver accountable if they acted recklessly or did not consider that dangerous conditions existed.
Generally, insurance companies will look at both sides when considering a claim before determining who should compensate for damages. However, you can also be held partially liable for the crash, which can reduce your financial recovery, so it’s important to seek legal representation to protect your interests.
What Will Happen Once Liability Is Determined in a Weather-Related Car Crash?
When a fault has been determined in a weather-related accident, the liability will usually fall onto the driver responsible. So it is important to present evidence that indicates that another party was at fault. If you were at fault, road conditions and weather can’t be used as the sole reason for an appeal.
It is important to gather other forms of evidence related to the incident. Consulting with a personal injury lawyer can help those involved better understand what kind of proof may be needed for success in your car accident claim.
Attorneys can typically verify if other parties were negligent in how they caused or contributed to the accident. Among the things that must be established are:
- Whether or not the other driver was under the influence of drugs or alcohol
- Whether or not the vehicles involved in the accident experienced any mechanical failures
- Whether the road markings and signs were improperly placed
- Whether you or the other driver were obeying the speed limit or adjusting your speed to the weather conditions
- Whether or not the pedestrians and cyclists involved behaved responsibly
It will all need to be checked before a final decision can be made regarding any possible settlements between parties involved as well as settlements for injuries in a crash caused by bad weather conditions.
A Lawyer Can Help You After a Weather-Related Crash
When dealing with bad weather insurance claims, there are two major points to consider when determining if the claim will be approved or denied. The first is whether the driver’s negligence was a factor in the incident.
It should also be noted that even if you followed all safety protocols while driving in poor weather conditions, this may still not guarantee that a claim will succeed. If evidence shows that you assumed an unnecessary risk by driving in dangerous road conditions, then your claim could be denied.
When submitting a weather-related claim, make sure you can prove that you were adhering to safety regulations on the road, or you may be denied compensation from the insurance company. If you are uncertain, an accident attorney may be able to help you prove your claim.
Contact a Lawyer if You Were Involved in a Weather-Related Car Accident
If you believe you have a potential claim, we encourage you to fill out a free case evaluation form so we can learn more about your situation.
The Schiller Kessler Group may be able to help you with your insurance claim and can work to recover compensation on your behalf. Take the first step towards learning more about your legal options by contacting us today for a free consultation.
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