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CAN BAD WEATHER IMPACT YOUR CAR ACCIDENT CASE?

It’s no secret that bad weather can increase the potential for danger and the chance of car collisions. Statistics from the U.S. Department of Transportation’s Federal Highway Administration show that around 23 percent of crashes each year are weather-related.

Those in the Four States area know all too well the harsh conditions that winter months can bring. Whether you’re driving through wind, rain, or snow, you should understand how these factors may impact liability in a car accident case.

Negligence and Car Accidents

Proving liability in a car crash comes down to which parties acted with “negligence.” That is, they did not act with a reasonable amount of safety to prevent an accident from occurring. The standard for determining negligence is deciding how a reasonable driver would have acted in any given situation. Some acts that could show negligence include:

  • Speeding

  • Distracted driving

  • Intoxication

  • Not adjusting to road and weather conditions

Weather and Reasonable Duty of Care

Most drivers fail to reason that driving with a “reasonable duty of care” changes just as frequently as the weather. So, something that is considered reasonable in one situation may be different in another situation, such as when weather conditions are rough.

For example, in “good” weather conditions, it may be deemed “reasonable” to drive at the speed limit. However, when there is heavy rainfall, your visibility might be hindered and your vehicle may be susceptible to hydroplaning. In this situation, a reasonable driver would slow down and leave extra room between their vehicle and the vehicle in front of them.

With this in mind, weather and road conditions at the time of the accidents are just some of the many factors that insurance companies and courts will look at when determining negligence, fault, and liability.

If you or a loved one was injured in a weather-related accident in the Four States area, turn to the attorneys at Johnson, Vorhees & Martucci for help pursuing your financial recovery. On the other hand, if a negligent driver caused the collision, our firm will help determine liable parties so that you receive what you need to heal.

Contact our firm at (833) 600-0125 to schedule your free case evaluation.

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