Every driver has a duty to safely operate their vehicle, and this is especially true during bad weather. In fact, inclement weather conditions should cause a driver to be even more careful. Unfortunately, this doesn’t always happen, and the consequences can be disastrous.
If you were the victim of a weather-related accident, you could be facing substantial losses like medical bills and missed time from work. You need a dedicated law firm that understands how to successfully claim the compensation that you deserve. That firm is Privette Law Office.
Bad Weather is No Excuse
The law requires that drivers exercise caution at all times. The failure to do so is negligence, and it can cause a serious wreck. Bad weather does not relieve a driver of their duty to avoid negligent behavior; in fact, it makes safety that much more important.
When a driver injures someone, the victim has the burden of proof in a subsequent accident claim. That means they must show exactly how the at-fault driver was negligent. With respect to inclement weather, negligence could be due to:
- Driving too fast: The speed limit is not necessarily the guide for safe driving in rain or snow storms, on ice, or in other bad conditions. Storms make roads less predictable and more dangerous, so drivers should slow down – even below the posted limit.
- Following too closely: Similarly, following too closely to another vehicle could easily lead to a rear-end crash in poor weather. A driver should exercise caution by allowing even more distance between them and the vehicle ahead.
- Turning or changing lanes too quickly: Other traffic maneuvers, like switching lanes or making turns, become considerably more dangerous in bad weather. A prudent driver will adjust accordingly to the conditions.
- Not using headlights: When a storm or fog is present, the use of headlights helps both the driver and everyone else around them. Evidence that a driver did not use headlights can be construed as negligence.
- Poor vehicle maintenance: Drivers in Southern Missouri also have a duty to ensure their vehicles are ready for bad weather. Worn down tires, broken headlights, and poor brakes make a wreck more likely.
Put simply, one’s driving behavior may not be a problem on a clear day, but it could cause a wreck during a storm. And although the weather can influence an accident, it does not relieve a driver of their legal duty to safely operate their vehicle.
The law will consider what a reasonable person would have done in a similar situation. In a heavy rainstorm, for instance, a reasonable driver would slow down and even drive below the limit. A reasonable driver would also ensure their vehicle is safe for driving in bad weather.
Bad weather can certainly play a role in an accident, but it’s the responsibility of every driver to adjust their behavior to the prevailing conditions. Just as you are expected to turn on your headlights when it gets dark, you should be more cautious when inclement weather hits.
What Does a Victim Have to Prove?
Missouri law requires drivers to exercise the “highest degree of care” when operating their vehicles. If you were the victim of a car crash, including one involving poor weather, you will have to prove the following elements of a negligence claim:
- Duty of care: Every driver has a duty to obey traffic laws and take the steps necessary to avoid an accident. This duty keeps not just motorists but pedestrians, bicyclists, and others safe on and near Southern Missouri roads.
- Breach: A breach occurs when, due to a negligent act or omission, a driver violates the duty of care. This may include, for instance, speeding.
- Causation: Next, the driver’s conduct must be the direct and proximate cause of the accident. This requires proving a direct causal link between what the driver did (or failed to do) and the wreck.
- Damages: Finally, the victim has to substantiate the nature and amount of their damages. These are for losses such as medical bills, lost income from work, pain and suffering, and more.
Evidence That Can Support Your Claim
As the victim, you will need to present compelling evidence to show that the at-fault driver failed to exercise appropriate caution for the weather conditions. The following may help you:
- Pictures and videos: You should take pictures and record videos to prove the occurrence of the inclement weather. Be sure to include road conditions in your images, along with evidence of defects with the at-fault driver’s vehicle (e.g. headlights that are turned off or burnt out).
- Dashcam footage: If you had a dashcam that captured footage of the crash, this will serve as valuable evidence. Make sure to preserve the footage and discuss it with an experienced Southern Missouri car accident attorney.
- Surveillance camera footage: Take note of any surveillance cameras in the area which may have recorded the events leading up to the accident. Your attorney can help you get a copy of this footage.
- Eyewitness statements: If there were any eyewitnesses, you should get their names and contact information. Find out if any of them recorded the wreck on a dashcam or smartphone.
- Your personal notes: As soon as you can, write down everything you can remember about the accident. Include as much detail as possible, including time, date, and location. A seemingly minor piece of information could prove useful later.
- Police accident report: You should report the crash to the police and allow them to send an officer to the scene. The officer will generate a police accident report which will include vital details about the incident.
- Expert witness testimony: An expert witness is someone with technical or scientific knowledge who can contribute important testimony concerning the accident. An example is an accident reconstructionist. Your attorney may turn to an expert in your case.
Contact Our Southern Missouri Inclement Weather Accident Attorney
If you were hurt in a weather-related car accident, all you really want to do is get your life back to normal. We can help you fight for the compensation that will accomplish this goal. Reach out to Privette Law Office to get started on your case today.
Frequently Asked Questions About Inclement Weather Accidents
What damages are available in my bad weather accident case?
Damages vary from one accident to another but generally include compensation for medical bills, lost income, lost future income, pain and suffering, emotional distress, decreased quality of life, and more. Your attorney can review the damages available in your case.
Some damages involve reasonably estimated future expenses (e.g. medical bills) and losses (e.g. decreased future income). An expert witness can help estimate what these future damages are and what they are worth.
What if I shared some blame for the weather-related accident?
Some victims play a role in causing their own accidents. The doctrine of comparative negligence would apply. This means the court will assign you a percentage of liability and reduce your total damages accordingly.
For instance, assume that an accident victim was driving too fast for the conditions. The court may decide the victim was 20% at fault. If the total damages would have been $100,000, this figure is then reduced by 20% ($20,000), leaving the victim with $80,000.
Attorneys representing at-fault drivers try to put as much blame on the victim as possible so they can reduce what their clients have to pay. We help victims fight back by challenging these attempts.
What steps should I take after being in an inclement weather accident?
The steps you take right after being in a wreck will affect your health and your legal rights. We suggest that you do the following:
- Get immediate medical attention, even if you do not think you were seriously injured
- Call 911, report the accident, and ask the police to come to the scene to create an accident report
- Take pictures and record videos of the accident scene
- Get the names and contact information of any eyewitnesses
- Write down your own personal notes about what happened
- Limit what you say; never admit fault or apologize, even if you think you did something wrong
- Follow your doctor’s advice, take any prescription medications, and keep all follow-up medical appointments
- Contact our Southern Missouri car accident law firm to begin working on your claim