Even if you are a responsible driver who always follows applicable traffic laws, driving in bad weather may still put you at increased risk of an accident, if for no other reason than the irresponsible actions of other people on the road. Even worse, civil litigation following accidents in poor weather can be especially complex, since it is not always immediately clear how much the weather conditions contributed to causing an accident.
If you need help recovering compensation after a crash like this, you likely need assistance from a DuBois bad weather lawyer. A seasoned DuBois vehicle collision attorney who has experience with this type of claim could offer the guidance and support you may need to effectively pursue a positive case result.
How Inclement Weather Could Affect Fault for a Car Wreck
Whether it takes the form of rain, snow, sleet, strong wind, or a combination of them, bad weather can lead to reduced visibility, difficulty steering and keeping a motor vehicle in the correct lane, and loss of traction at unexpected times. However, the fact that someone is driving under poor weather conditions does not remove the duty of care he or she owes everyone else on the road.
Just as they have an obligation to obey the rules of the road and maintain awareness of their surroundings, motor vehicle drivers are also expected to adjust their speed and remain especially vigilant during dangerous weather so they can minimize the risk of causing a wreck that ends with someone else getting hurt. A driver is expected to drive in a manner that accounts for inclement weather conditions, such that driving a few miles per hour below the posted speed limit might still be too fast for those conditions. If someone drives during inclement weather as if road conditions are perfectly normal, he or she may be acting irresponsibly even without explicitly breaking any laws.
Because of that, showing that another driver did not slow down appropriately, put on flashers, or do something else a reasonable driver would do in response to poor conditions could serve as evidence of his or her liability for an ensuing wreck. A DuBois attorney could provide crucial assistance when it comes to collecting and presenting evidence of fault for a bad weather accident.
When Is It Possible to File a Car Accident Lawsuit?
In Pennsylvania, if the injured party has limited tort insurance rather than full tort insurance, he or she may not be allowed to pursue civil compensation for subjective pain and suffering losses.
However, there are some exceptions to this rule in circumstances involving what the law deems to be “serious” injuries, such as traumatic brain damage, spinal cord damage causing paralysis, injuries requiring surgical intervention, or even less complex injuries such as sprains that require extensive treatment. There are other exceptions to the limited tort rule that would enable a person to make a recovery for noneconomic losses, including situations where the defendant pled guilty or received ARD for driving under the influence, or if the defendant’s vehicle was registered outside Pennsylvania. A qualified lawyer could discuss specific recovery options following a poor weather wreck in DuBois on a case-by-case basis during a private consultation.
Learn More from a DuBois Bad Weather Accident Attorney
Inclement weather results in hundreds, if not thousands, of car crashes every year, many of which cause serious injuries. Unfortunately, successfully pursuing civil restitution for such an incident can be more challenging than it might seem, especially for individuals without legal representation.
A capable DuBois bad weather accident lawyer could represent your best interests at every stage of your insurance negotiations, settlement demand, or civil lawsuit. Call the office of Marcus & Mack today to learn more.