Liability For A Car Accident That Occurred Because of Bad Weather
Car accidents happen every day in Kentucky, regardless of the weather. However, with winter approaching, the concern of car accidents due to bad weather increases. Traffic is difficult enough to deal with in perfect conditions. When you add fog, rain, sleet, snow, or freezing rain, you create conditions that are perfect for a car accident. Unfortunately, insurance companies use bad weather as an excuse to deny valid car accident claims.
Our Kentucky car accident attorney understands this tactic and how to fight the insurance company to recover the benefits our clients deserve under the state’s personal injury laws.
How Can My Car Accident Claim Be Denied For Bad Weather?
For you to recover compensation from another driver for a car accident, you must prove that the other driver was negligent in some way and that negligence resulted in the accident. You must also prove that your injuries and damages were caused by the accident. If the insurance company can prove that bad weather caused the accident, then each driver would be responsible for his or her damages.
Because proving negligence in a bad weather car accident can be complicated, we urge you to contact a car accident attorney as soon after the accident as possible. Our attorneys begin by conducting a thorough accident investigation. We want to gather evidence that proves the other driver was negligent.
Driver’s Duty Of Care
Every driver has a duty to others on the road to maintain control of the vehicle to avoid a collision. The key in a bad weather car accident is to prove that the driver failed to maintain control of the vehicle due to the driver’s negligence rather than the weather. It is important to understand that drivers must exercise a level of care that is appropriate for the conditions. If you are driving in bad weather, you must exercise a higher level of care because of the weather condition.
For example, if a light rain is falling and the road is not very wet, driving at the speed limit is probably safe. However, if the rain is hard causing water to stand on the road and decreasing visibility, a driver should reduce speed. The speed limit on any road is set for optimal road and weather conditions. If conditions change, a driver should adjust the maximum speed accordingly. Therefore, if a driver spins out of control in rainy weather and collides with another car, that driver may be held liable even if the driver was not speeding. This is referred to as driving too fast for conditions.
Other ways a driver can be negligent during bad weather include:
- Driving with worn tires or worn windshield wipers
- Not using windshield wipers or lights
- Distracted driving
- Impaired driving
- Driving while drowsy or fatigued
- Aggressive or reckless driving
- Failing to obey traffic signals or road signs
Weather is just one of the many factors we look at when determining which driver caused a car accident. Our Kentucky car accident attorneys have experience handling bad weather car accidents and fighting insurance companies for fair and just settlements.
Call A Kentucky Car Accident Attorney For More Information
If you have been injured in a bad weather car accident, call Famer & Wright at 1-888-530-4003 to schedule a free consultation with a Kentucky car accident attorney. Your free legal consultation is a no-obligation, free case evaluation so you can get the facts you need to decide how to proceed with your accident claim.