Weather conditions can turn the safest roadway into a treacherous passage, leading to accidents and injuries. If you have been in such an accident, understanding how weather conditions affect car accident lawsuits puts you ahead of the game and helps you manage expectations for compensation.
For a free consultation with car accident attorneys who care, contact Wapner Newman today. Learn how our team can help get you the money you deserve. Call (800) 529-6600 today for a free consultation.
Weather Conditions and Personal Injury Liability
Weather conditions are uncontrollable. However, drivers are required to act reasonably under whatever weather conditions they find themselves in. If an accident occurs owing largely to a specific type of weather pattern, the inquiry in a car accident lawsuit will focus on whether all parties involved behaved in a reasonably safe manner.
For example, if it was extremely foggy when an accident occurred, the investigation will look into whether the drivers were speeding or failed to have or use proper headlights. Similarly, an accident in the snow might lead to an investigation into whether the driver should have had snow tires. Often, multiple parties share the blame for an accident in challenging weather conditions.
Emergency Weather Conditions
In some cases, an emergency weather condition can suspend or nullify liability. For instance, if a driver slams on their brakes on the highway to avoid a tree felled by a storm, and the driver behind them rear ends them (but was otherwise driving safely), the fact that there was an emergency might absolve the first driver of liability, depending on the specific circumstances of the incident.
Weather Forecasts and Personal Injury Liability
A prediction of stormy weather might be completely off the mark or dead on. Either way, forecasts can factor into car accident liability lawsuits as evidence that a driver should have known of bad weather conditions and taken appropriate caution. A forecast in and of itself is not conclusive proof that a weather event will occur, but government forecasts and weather warnings are strong evidence that a person should have known of bad weather.
Weather Conditions and Damages
Just as weather conditions can affect safety, they can also have a heavy impact on the resulting damage caused by an accident. In the worst-case scenarios, adverse weather conditions can cause more serious harm than normal.
For example, in icy conditions, crash impacts are often more forceful due to ice’s ability to impede or render brakes useless. Where an accident in dry conditions might cause a victim to suffer a bump or bang, in icy conditions, the harm might be more serious, such as a traumatic brain injury or a spinal cord injury.
The Importance of Legal Counsel
It is not possible to overstate the importance of legal counsel for accident victims with serious injuries and losses. Although the law may be clear that a particular car accident injury victim has the right to compensation, recovering that compensation is challenging. Insurance companies work aggressively to protect their profits by paying out substandard compensation for claims that deserve more.
Having an attorney is important in these cases because they will be able to investigate and identify all of a victim’s compensable damages. When representing a client, they leave no damages behind and will pursue compensation from whomever is appropriate. Unrepresented clients, however, often don't know just how much in damages they are owed or how to demand and recover them from stingy insurance companies.
Comprehensive Investigations
Comprehensive investigations are the foundation of a successful lawsuit. Questions to be answered include who, how, what, when, and why. The crash scene is fertile ground for evidence. However, time can wreak havoc on a fresh accident scene, which makes it important for accident victims to contact an experienced attorney soon after their accident.
Much of weather-related accident investigations involve extensive work recreating the accident under the same or similar conditions. Accident attorneys have extensive networks of experts who can provide data and testimony to bolster an accident case. Experts also testify as to the weather on the day of the crash and how it may have affected the accident.
At Wapner Newman, we know how to recover the compensation you need and deserve. Our decades of combined experience make us the clear choice.
Statute of Limitations for Car Accidents in Pennsylvania
One factor that can affect a lawsuit more than weather is the statute of limitations, which imposes a deadline on filing a car accident lawsuit. It requires victims to seek compensation for their injuries within two years of the date of the accident. If they do not, they lose the right to sue.
In every case, acting quickly to recover damages is recommended. Even if the accident just occurred, and there is plenty of time on the statute of limitations clock, acting quickly can help lawyers create a strong case. The sooner a victim meets with an attorney, the more evidence the attorney may be able to collect.
Common Types of Dangerous Weather Conditions for the Road
Drivers face all manner of weather conditions when out on the road. The following are specific types of weather and weather conditions that pose elevated risks for drivers.
Ice and Snow
Ice and snow directly affect the ability of drivers to transit safely. Often, motor vehicle operators in these situations must slow down significantly to operate their vehicles in a safe manner. Failure to do so can lead to uncontrolled sliding. Snow can also interfere with visibility, making it crucial to slow down to avoid surprises.
Rain and Flooding
Rain can cause hydroplaning and reduced visibility. As with snow and ice, drivers must often slow their speed while traveling in these conditions.
Extreme Heat
Although not as common as extreme cold in PA, extreme heat does occur in the Keystone State, and it can cause dangerous road conditions. For example, extreme heat can cause pavement to become sticky and interfere with normal vehicle traction. The heat can also damage roads and cause cracks and potholes.
Foggy Conditions
Foggy conditions can reduce visibility to near zero on the road and are especially dangerous on the highway because of the high speeds there. In some cases, fog can seem to appear out of nowhere. Ultimately, any forecast or presence of fog should lead to increased caution and slower speeds.
Heavy Winds
Cars weigh tons. However, heavy winds can nudge or even move them quite easily on the road. At the highest risk of being moved or toppled by heavy winds are vehicles with high profile, such as big rigs, motorhomes, and large vans. A strong gust can topple a large vehicle onto another or even blow a car into another lane.
Whatever the type of weather, drivers do well to inform themselves on what to expect on the road and what to do when faced with certain dangerous weather conditions.
Car Accident Representation You Can Trust
Whether rain or shine, car accidents will occur. When they do, our car accident attorneys are ready. Wapner Newman is a reliable and effective injury firm whose team cares about your future. Reach out for the guidance you need today.
If you have been injured in a car accident, Wapner Newman is here to help get you the compensation you deserve. Call (800) 529-6600 for a free consultation today.