Does Weather Impact Auto Accident Claims?
Brian O Sutter
Traffic Accidents
Being involved in an accident of any kind is something that can change your life dramatically. And among the different types of accidents that you can face, an auto accident is certainly one that carries a high risk of serious injury or even death.
Obviously, a lot of different factors can impact whether or not an accident occurs. Everything from speeding to texting to just pure bad luck could lead to an accident. But what about bad weather? From hurricanes to heavy rains, high winds to storm damage, there are plenty of different weather-related variables that can contribute to an accident.
One thing that can be confusing when you're involved in an accident of any kind is where the fault lies. This is especially true when your accident was caused by the reckless or negligent actions of others. In these cases, you could be able to seek financial compensation through an auto accident personal injury claim. And in certain situations, weather could play a role in everything from who is to blame to what kind of steps you can take to show that you're owed restitution.
First, it's worth understanding the basics of a personal injury case. Under Florida law, those who are injured in an accident that was caused by someone else's reckless or negligent actions may be able to receive compensation for their injuries. In order to do so, you must show that your injuries were caused by the reckless or negligent actions of someone else. Reckless and negligent actions in auto accidents could include everything from speeding to DUI to texting while driving.
When weather factors into an accident, it can change not only the way that an insurance company may focus on awarding damages but also on just who is to blame. There are numerous factors to consider. Some of the most common include the following.
- If bad weather is occurring, it could be likely that higher than normal speeds aren't safe. This means that those driving on the roads can't drive in the same way that they would drive in fair weather. In short, the threshold for things like speeding may be lower and showing that a driver operated their vehicle too fast for weather conditions may constitute reckless behavior.
- In some cases, an accident could be the fault of an engineer or even a city official. The reason is that if the road is designed poorly, and that design leads to safety issues, the person designing it could be held responsible. For example, a road that doesn't shed water but that leads to heavy pooling might be unsafe in heavy rains like Florida is known to receive. Additionally, a city that recognizes this and fails to place warning signs may also be responsible. This isn't as easy to prove as some other types of fault, but is a possibility.
- Trucking companies that force their drivers to operate in unsafe conditions may also be held to blame if it can be shown that their requirements led directly to a dangerous situation.