Freezing rain is a disaster for driving, and a major contributor to many wintertime car accidents. If you were in one of these wrecks, you need to understand your legal options for seeking compensation.
It starts with retaining a knowledgeable personal injury law firm. With the right attorney by your side, you can prove how negligence was responsible for your injuries. Count on the Southern Missouri legal team at Privette Law Office.
How Freezing Rain Causes Accidents
Freezing rain can quickly turn roadways into skating rinks. Even a thin glaze of this precipitation causes vehicles to lose traction and crash. Sometimes the slick, icy spots are isolated, and in many cases drivers do not expect to encounter them.
Bridges, overpasses, and elevated roads can be especially dangerous. Cold air surrounds these portions of the road and causes rain to freeze more quickly. A driver should be particularly cautious in these areas if there’s falling rain and cold temperatures.
But freezing rain doesn’t just affect the roads. Ice can accumulate on tree branches and power lines, causing trees, branches, and utility poles to fall over and crash into vehicles or block roadways. If freezing rain caused your accident, talk to an inclement weather accident lawyer.
When Drivers Can Be Held Liable
Anyone who drives in Southern Missouri and encounters freezing rain must adjust their driving accordingly. They also have to make sure their vehicle is safe to drive. Some common situations in which drivers are held liable for freezing rain accidents include:
- Failure to slow down: It may not be enough to drive the posted speed limit if there is freezing rain. A driver may need to go even slower to avoid an accident.
- Failure to maintain a safe distance: Not keeping enough distance between oneself and the vehicle ahead increases the risk of a rear-end collision, especially during freezing rain.
- Not pulling over if it’s unsafe: There are some freezing rain storms that are just too dangerous to drive in. If someone is unable to handle the weather they need to pull over and wait it out.
- Distracted driving: Distracted driving is never safe, but it can be borderline reckless when there is freezing rain. A driver must remain focused to avoid a car crash.
- Not keeping windows and mirrors clear: Freezing rain often accumulates on car windows and mirrors before the driver hits the road. The driver must first clear these obstructions.
- Unsafe brake application: When applying the brakes during freezing rain, the driver has to use caution and do so slowly. Slamming on the brakes can cause spinning and skidding.
- Poor vehicle maintenance: Bald tires, poor brakes, and defective windshield wipers can also make a bad situation worse. Always check these basics before driving in inclement weather.
All motorists in Southern Missouri owe others on the road a duty of care, which means not only obeying traffic laws but being cautious during freezing rain. Evidence of the above and other irresponsible driving behaviors will be strong indicators of negligence.
When the Government Can Be Held Liable
Governments are sometimes responsible for freezing rain accidents due to poor road maintenance. The work they did on the road, in constructing, improving, or maintaining it, may have aggravated the dangers of freezing rain. Government negligence may include:
- Failure to fix potholes that allow freezing rain to gather and ice over
- Poor lane markings that make it harder for drivers to see where they are driving
- Debris and equipment left in or near the road which worsen traffic and driving conditions
- Traffic signals that are not working properly
- Missing street signs, including in construction zones
Suing the government in Southern Missouri is more complicated than suing a private party. For example, the victim must provide written notice of their intent to file a claim within 90 days of the accident. It’s strongly advised that you retain a car accident lawyer to help.
There are various procedural requirements the victim must meet when filing a lawsuit against the government for a freezing rain accident. Failure to adhere to these could jeopardize the victim’s right to compensation for their injuries.
Injured in a Freezing Rain Accident? Act Now to Preserve Your Rights
By taking quick action after being in a freezing rain accident, you can make a strong claim for damages such as medical bills and lost income. Don’t delay asserting your legal rights. Reach out to Privette Law Office to start working on your case today.