Although most drivers on the road think nothing of a little rain, there can be some serious outcomes to driving while it is raining. Slippery roads and poor visibility during rain can cause car accidents. If you are injured in a car accident that took place while it was raining, you may be able to file a personal injury claim and receive damages to help pay for your lost wages, medical bills, and pain and suffering.
If you are injured in an accident that took place while it was raining out, the most important part of your claim will be determining who is at fault for the accident. Most drivers believe that because of poor weather conditions, their responsibility for causing a car accident is somehow less serious. This is not the case, as insurance companies will mostly always assert that it is every driver’s responsibility for exercising extra caution while driving during the rain.
Insurance and Accident In the Rain
Insurance companies determine who is at fault in every car accident, despite the surrounding weather conditions. For instance, you may have been speeding in an attempt to get home and out of the rain faster and caused an accident. This would mean you are at fault for the accident and would most likely not receive damages for your personal injury claim. On the other hand, the other driver could have been weaving in and out of traffic and rear ended you, or forgot to turn on his or her lights or windshield wipers, which would mean he or she was at fault in the accident. There is also the possibility that both you and the other driver were driving extremely cautiously and still collided due to the poor weather, which would mean you share fault for the accident.
The insurance company will take into account all of the details and conditions surrounding the car accident to determine fault. The driver found at fault will affect the outcome of your personal injury claim as well as if you receive compensation and how much.
After an insurance company determines who is at fault for the accident, the driver at fault will be responsible for damages. Although the weather may be taken into account in some instances, it does not excuse a driver’s fault. Depending on your location at the time of the accident, there are different rules regarding who will pay for claim. For example, in a fault state, the at-fault driver is wholly responsible for paying your personal injury damages. In a no-fault state, it doesn’t matter who is responsible for the accident and your own insurance company will compensate you. There are other variations of these fault rules in other states.
What Damages Can Occur In A Rain Accident?
If you are involved in an accident in the rain, there are many damages that can result. When determining fault and liability when there is an auto accident in the rain, there are several things to consider. The officer who responds and any attorneys who investigate the crash will consider the speed of the vehicles at the time of the crash, and they will also consider the weather and the road conditions.
When you are involved in a car crash in the rain, you can expect to suffer various damages. You will want to include all these losses in your personal injury claim.
First off, you will have property damages. The crash will cause damages to your vehicle. While the severity of the damages can vary greatly, here are some of the more common damages that a car will suffer after a rain accident:
- Damage to the car body
- Dented side panels
- Damaged hood
- Dented fenders
- Broken windshield
- Broken windows
- Mechanical damage to the transmission and/or engine
- Broken headlights or taillights
Your vehicle may suffer damages that aren’t obvious to you right away, so it is important to take your vehicle to a qualified mechanic for inspection after the crash. A mechanic will be able to catch problems that you may not have noticed yet. You don’t want to itemize your vehicle damages until you are completely sure that you are aware of the problems.
When you have an estimate prepared, you will want the damages to be specific and itemized. You will also want to have photos of the damage to your vehicle. Gather as much supporting evidence as you can for your personal injury claim after a rain accident.
You may also suffer serious injuries in a crash in the rain. Your injuries could vary from a soft tissue injury such as whiplash to a broken bone to a traumatic brain injury or a serious spinal injury. You may need long-term care and have medical bills that add up quickly. These injuries will leave you unable to work for a while, so you will have those losses as well.
How An Attorney Can Help You Prove Fault
When there is a car accident, it can turn into a he said-she said argument. Often, neither driver wants to take the blame for the crash.
In most states, the driver who is considered at fault for the crash is liable for the damages that were suffered because of the crash in the rain. Sometimes it is difficult to prove fault because of the weather conditions and because of the location of the vehicles after the accident.
The responding officer will conduct a preliminary investigation when he or she completes the accident report, but sometimes there are things that are overlooked or not easily noticed. At this point, the help of a personal injury lawyer can be quite valuable. Personal injury lawyers are experienced in handling such matters, and they are knowledgeable about the best ways to win a personal injury claim.
Even if you are partly to blame for the crash, a personal injury lawyer will be able to help you with your claim and may be able to minimize or reduce your percentage or degree of fault. Your lawyer will review the accident report, the damages and injuries, witness statements, photos of the crash scene and damages, and any video surveillance that may be available to help show the details surrounding the accident.
While an attorney can help reduce your liability, an attorney can also help prove the other driver’s liability then detail how negligence came into play so you can have a successful personal injury claim. There are many benefits to having a personal injury lawyer working on your rain accident injury claim.
A PI Lawyer May Be Able To Help
If your claim is rejected or you are found at fault for an accident, you can always attempt to appeal the decision. It may also be a good idea to find a personal injury lawyer to help you file your claim and request a fair and correct amount of compensation. A lawyer will also help you negotiate your personal injury claim with the insurance company or companies involved.
Your lawyer will be able to determine the fair settlement value of your claim. The lawyer will review the documents that support your claim and be able to determine how much you should ask as settlement.
They will go over your medical bills, your lost earnings, your property damage repair estimates, and any other hard evidence that you have regarding your damages. It can be challenging to determine the pain and suffering portion of your claim, so an experienced attorney will more easily be able to come up with those totals.
Every state has laws regarding a personal injury claim. There is a strict time limit, which is called a statute of limitations, that comes into play. If you wait too long and miss this deadline, you will not be able to recover compensation for your damages. Your lawyer is familiar with the state laws and will make sure that all documentation is filed in a timely manner.
Consult With A Personal Injury Attorney
If you have been involved in a car crash in the rain, you have suffered damages. You should enlist the help of a personal injury lawyer. A personal injury lawyer will conduct an independent investigation into the crash, which may reveal things that the police accident report did not reveal.
Personal injury lawyers take cases on a contingency basis, which means that you don’t have to pay anything out of pocket. Instead, your lawyer will be paid when you recover compensation for the crash through a judgment or a settlement. At that time, your lawyer will receive the percentage of your settlement that was agreed upon when you hired them.
Don’t delay getting the help that you need for a personal injury claim after an auto accident in the rain. Complete the Free Case Evaluation Form on this page to share your details with a personal injury lawyer who handles cases in your area.The other driver’s insurance will most likely have legal representation, so you may want to have an attorney who is also looking out for your rights.
