Many people may be under the mistaken impression that simply because poor weather conditions contributed to an accident, victims may not be able to recover for their injuries. In fact, an insurance company may try and claim that the accident in which you were involved was unavoidable and did not reflect negligence on the part of the other driver. The truth of the matter is that negligence is complicated legal concept, and you should have the circumstances of your case reviewed by an attorney regardless of what any insurance company says.
In the context of the law governing car accidents, “negligence” has a very specific meaning. All drivers have a duty to operate their vehicles as would a reasonable person in similar circumstances. The determination of “reasonableness” is at the heart of most personal injury cases and may require the raising of complicated legal arguments.
For example, while driving your vehicle at or near the speed limit would likely be deemed “reasonable” on a clear, sunny day, the same is almost certainly not true for those driving in a Pennsylvania snowstorm. So, while the insurance company may claim that another car skidded into you simply due to snow accumulation and the collision was unavoidable, the reality is that the other driver may have been following too closely or driving too fast for the conditions. An attorney will investigate the circumstances of your accident and uncover any evidence of negligence should it exist.
Some common examples of driver negligence in poor weather conditions include the following:
- Driving too fast in light of the conditions
- Failing to use headlights
- Improper vehicle maintenance
- Failure to use windshield wipers
- Taking turns too quickly
If you’ve been injured in a winter weather accident, you could be eligible for compensation for medical bills, lost wages, and in some cases even pain and suffering.
Call the accident injury attorneys at Pisanchyn Law Firm today. We’re available 24/7, and there is never a fee unless we win your case. Call 1-800-444-5309 for a free consultation.