Q: Who do I file an injury claim against if my accident was weather-related?
When someone is involved in a weather-related accident, they may still pursue an injury claim against another driver if the other driver acted negligently in the inclement weather. If no other driver is involved, you may file a claim with your own insurance if you have the appropriate coverage, like medical payments or collision coverage.
Determining Fault if Nature Caused the Accident
There are many different types of weather patterns that can affect driving. Strong winds, ice, and rain are just some examples. In hazardous conditions, motorists must adjust their driving behavior accordingly. This could mean slowing down or increasing traveling distance between vehicles.
Failure to do so might result in an accident for which the negligent driver could be liable. The other driver or his or her insurance company might try to blame the weather for the accident and argue that there wasn’t anything the driver could have done to avoid the collision.
Keep in mind, though, that if you can establish the other driver acted negligently then the other driver can be held liable for your damages even if weather conditions were poor.
A lawyer can show that the other driver was negligent by citing:
- the accident report;
- witness statements;
- citations issued; and
- other evidence.
Importance of Seeking Legal Advice
These cases can be complex, especially when the other driver tries to mount a defense against liability based on weather conditions. Seek legal help from an attorney if you find yourself in this situation and you suffered significant damages.
It is possible to recover:
- medical payments;
- loss of work time and wages;
- pain and suffering; and
- other losses.
By securing legal counsel, you can protect your rights and better understand the options available. Call Jason R. Schultz today at 404-474-0804 or visit our contact page to set up a free consultation.