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.

Jason R. Schultz
Helping Georgia area residents with car accident, medical malpractice, and personal injury claims since 1991.