With old man winter knocking at our door, it’s time to prepare for winter travel on snow- and ice-covered roadways. Even with all the safety technology on today’s cars, trucks, and SUV’s, it’s always a challenge to take to the streets in the cold winter months because November through March present a unique set of challenges for drivers.
It’s no surprise that with an increase in bad weather, there is an increase in the number of car accident injuries and fatalities on our nation’s highways and city streets.
If you’ve been involved in a car accident due to inclement weather and/or poor road conditions, you may need to hire a car accident injury lawyer to get you the compensation you need for medical expenses, lost wages, and property damage.
Weather-related Car Accident Claims
In any car accident personal injury claim or lawsuit, having legal representation makes a complex, confusing process a lot easier for the car accident victim. In any car accident claim, fault must be determined, insurance companies must be dealt with, negotiations must take place, and a settlement must be reached. Without the help of an experienced car accident attorney, this process is much more difficult for all victims (and even impossible for many).
If severe weather is a factor in your car accident, insurance companies will look for weather-related negligence, and many things will be taken into consideration to determine the identity of the at-fault party. The insurance companies (and lawyers for both sides) will evaluate the driving behavior of all parties involved, and each side will form an opinion as to who caused the car accident. If a commercial truck was involved in the accident, the insurance companies and lawyers will take a look at compliance of these vehicles and drivers. Some questions will be explored:
- Did the truck have an overloaded or unsecured cargo that contributed to the accident?
- Had the truck not been properly maintained prior to the accident?
- Was the driver under the influence of alcohol or drugs at the time of the collision?
- Which, if any, driver was speeding?
- Which, if any, driver was distracted by a cell phone or GPS?
- Was the vehicle properly prepared for winter travel?
The answers to these questions and many more will help your car accident attorney determine fault, assess losses/calculate damages, and formulate a plan to fight your case. In catastrophic car accident cases where a life was lost, your lawyer will most likely pursue a wrongful death claim. If any criminal behavior factored into the accident, such as driving under the influence, criminal charges may be brought against one of the drivers, but that will be a separate case in a criminal court. You, as the plaintiff, will participate in the civil case of seeking compensation from the negligent party.