Q: How can bad weather factor into my car accident claim?
Following an auto accident caused by another driver, it’s important to notify your insurer of the accident and begin the claims process with the other insurance company. If bad weather is present during an accident, insurers will likely factor it into a car accident claim. But it’s not going to be the only consideration when determining fault.
Impact of Bad Weather When Determining Negligence in a Car Accident Claim
It’s difficult to blame an accident solely on the weather conditions. In fact, it could turn out that it’s not an issue at all. Let’s say it was lightly raining as you were driving home from work on the Floy Farr Parkway in Peachtree City when you were in a collision.
The other driver might indicate the slippery roads caused the crash. However, suspicions of impairment lead a police officer to administer a breath test, which shows the driver was actually intoxicated. In this case, weather might not be the primary factor.
Even when it is relevant to a car accident claim, there will be other factors taken into consideration, like if the driver was speeding an weaving through traffic in adverse weather conditions. Drivers are expected to adjust their speed when necessary.
If it was a rear-end accident, the driver who struck the other from behind could indicate the icy roads caused him/her to lose control when braking safely. But if witnesses or other evidence indicate the driver was tailgating the other, then it might not make much of a difference. If the driver had been texting at the time, this would also be negligence and a major factor in a claim.
Of course, there are circumstances in which a driver is using extreme caution behind the wheel and still gets in an accident. It could be that visibility was significantly reduced because of fog. But the driver was well below the speed limit and was otherwise driving in a safe manner. An insurance company may deny liability, citing the driver didn’t demonstrate negligence.
If an accident involving bad weather in the Peachtree City area results in serious injuries or the insurance company is wrongly denying its policyholder’s fault, it’s important to seek legal advice. Talk to Jason Schultz about the specifics of your case and how it will impact your ability to recover compensation – call 404-474-0804.