21 January 2021 - Posted by Monsour Law Firm
With many car accidents, determining what happened and who is at fault is pretty straightforward. If one driver ran a red light and caused a collision or rear-ended someone because they were texting, cause and effect are clear. But what happens if you were in a car accident when winter weather makes driving treacherous? Black ice, snow and impaired visibility from winter precipitation all might contribute to one or both drivers losing control.
Insurance companies never want to pay a penny if they can avoid it. If they can make it seem like their policy holder didn’t do anything wrong, it’s in their best interests. However, it doesn’t matter what the weather is like, if a person gets behind the wheel, he or she is accepting responsibility for exercising reasonable care.
At Fault Drivers and Winter Weather
Drivers are always expected to follow the speed limit and obey the rules of the road. When there’s snow, sleet, fog or the possibility of ice, they’re required to adjust their driving habits according to the road conditions.
If the posted speed limit is 65 mph, but freezing rain is falling, visibility is limited and ice is forming on bridges and overpasses, a reasonable person wouldn’t try to travel as fast as the law allows. He or she would reduce their speed and use extra care.
Snow, ice, fog and other winter weather definitely impair one’s driving ability. It’s exactly because winter weather conditions make a crash more likely to occur that drivers are expected to adjust their actions and avoid a collision.
Vehicle Condition and Fault During Winter Car Accidents
Drivers are responsible for making sure their car is equipped for the weather. Their windshield wipers should be working and in good condition. Tires should have sufficient tread to provide traction in adverse road conditions. Their headlights should work and provide sufficient illumination. Their brakes should function optimally for weather conditions.
They’re also responsible for anything they can do to improve visibility. If they started driving without scraping the ice from their windshield, their impaired visibility might have contributed to your accident.
Avoiding Liability in Winter Weather Accidents
Before you drive in bad weather, you can take steps to prevent an accident and protect yourself from liability if one does occur. Increase your following distance, stay alert and avoid distractions. Always take reasonable precautions, and do these things before you start your vehicle:
If a Winter Car Accident Occurs
If you get in a car accident no matter what the weather, first get yourself and passengers to safety. Contact law enforcement and seek medical attention. Then if you were injured, s HYPERLINK “https://www.brelsfordpersonnel.com/ebook.php”chedule your free no-obligation consultation to talk about the circumstances that led to your accident and receive advice about your options.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
13 June 2019 - Posted by Monsour Law Firm
BACK PAIN AFTER A CAR WRECK If you were in a car wreck, the most obvious, visible damage is to your vehicle. Unfortunately, in many cases the damage goes much deeper. It’s much easier ... read more
26 April 2021 - Posted by Monsour Law Firm
Drinking and driving is never a good idea. But what happens if you’re involved in an accident, one of the drivers had been drinking, and it turns out they’re not over the legal limit? H... read more
4 September 2019 - Posted by Monsour Law Firm
PAYING MEDICAL BILLS AFTER YOUR CAR ACCIDENT If a car accident caused your personal injury, it might take months, even years before you’ve completed treatment. If the other driver caus... read more
Tell us about your accident and your injuries. An injury lawyer from our team will call and provide you with a Free Evaluation of your Case. If we can help, and you are unable to travel, we will come to your home, office or hospital. It’s easy – let’s get started.