Winter weather can make driving impossible, and many drivers have absolutely no experience or confidence in driving in inclement weather conditions. It is a well-known fact that snow and ice can lead to an increase of car accidents, and no matter how cautious a driver you are, the possibility always exists that you could be responsible for a winter-related fender bender. If someone rear-ends you due to snow or ice, does that driver still hold responsibility for the accident?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Weather Cannot Be Blamed
No, it is not fair, but weather cannot be the one at fault. No matter how bad the weather is, drivers have a duty to drive safely no matter what the conditions may be. These conditions include black ice, snow, and wind. If you, as a driver, do not feel you are equipped to meet this duty and handle the weather conditions on the road, you are expected to not be driving. It's that simple. You take on that responsibility simply by being behind the wheel. If you were not able to stop quickly enough and snow played a part in that delay, you still hold responsibility in the situation.
Looking at the Entire Picture
When the insurance company is determining fault, they look at the entire situation and all circumstances involved are analyzed. Weather and hazardous conditions do play a part in the review of the case, but fault does need to be placed somewhere. Hazardous conditions do not completely eliminate the driver’s fault in an accident, but in determining whether the driver was behaving recklessly, looking at the entire situation can assist if higher damages are being sought.
In addition, in states where liability can be apportioned between parties, weather conditions can be utilized in determining the portion of fault each party holds. This apportionment comes into play when situations involving contributory negligence or comparative fault come into the picture.
Comparative Fault and Auto Accident Claims
However, is the other driver solely to blame? How were you handling road conditions? Comparative fault takes the view that both parties hold some level of responsibility in a car accident and divides the blame based on that premises. If you were driving needlessly below the speed limit and slammed on your brakes, giving the driver behind you little time to react even if he or she was already driving cautiously due to the snow, part of the fault could be placed on you. In states that utilize comparative fault, the percentage your negligence took in causing the accident would reduce what the other driver would owe. However, he or she would still hold some liability in the accident, albeit a reduced amount.
Contact an Attorney Today
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. For the best chance of receiving the compensation you need to pay for medical bills, auto body bills, and pain and suffering, you should speak with a personal injury attorney in your area today.
