Determining Fault in a Weather-Related Car Accident

 Posted on January 23, 2018 in Auto Accidents

Car accidents can be very scary, and they can have a major physical, mental, and even emotional impact on the people who are involved. Weather-related car accidents are absolutely no exception, and accidents which take place in the winter may be even more nerve-wracking than accidents in warmer weather. Every year in the United States, there are an average of nearly 5,900 deaths caused by weather-related car accidents, and over 445,000 injuries are reported. If you have been involved in a weather-related car accident, you may find yourself confused about who is at fault and how to receive compensation for your damages.

Who Is at Fault?

If one person is involved in a weather-related car accident, such as when they lose control of their vehicle and run into a guardrail, snow bank, or tree, they are automatically at fault, even if law enforcement does not issue a ticket. When a claim is filed regarding the car accident, points will be added to the driver’s record, most likely increasing their insurance premiums in the future. The driver will also be responsible for paying their collision coverage, which requires a deductible to be paid to get the car repaired. 

When more than one party is involved in an accident, then the law of negligence usually determines fault, which can be defined as careless behavior. Some examples of negligence on a pedestrian’s part include jaywalking, crossing the crosswalk at the wrong time, and walking in the middle of the road instead of the sidewalk. A driver may show negligence by running a red light, speeding, not allowing enough time to stop, or driving while distracted. 

Inclement weather can reduce drivers’ reaction times or make it more difficult to slow down and stop quickly. Both drivers and pedestrians should take extra care to avoid weather-related accidents, and failure to take the weather into account so may result in being found at fault for an accident.

The party who is at fault for an accident may be held liable for the damages they caused, and when the injured party files a personal injury claim, the responsible party’s insurance company or the responsible party themselves may be required to pay compensation.

Call an Aurora, IL Car Accident Lawyer

If you or a loved one has been seriously injured in a weather-related car accident, you can count on Kinnally Flaherty Krentz Loran Hodge & Masur P.C. to provide professional and effective legal representation. Our attorneys have over 39 years of experience representing clients who have been injured in car accidents, and we will work tirelessly to help you receive the compensation you deserve. To schedule a free initial consultation, contact our Kane County personal injury attorneys at 630-907-0909.  

Sources:

https://www.thebalance.com/single-car-accident-insurance-claim-527136

https://weather.com/safety/winter/news/weather-fatalities-car-crashes-accidents-united-states

https://www.dmv.org/accident-guide/accidents-with-pedestrians.php