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How Does Bad Weather Impact Liability in a Car Accident

In Accident Lawyer, Car Accident Attorney by The InsidersLeave a Comment

When you’ve been involved in a car accident, there are many factors involved in determining fault. If you were involved in a car accident during bad weather, that is just another circumstance that the jury or insurer can use to aid in determining fault or negligence. An experienced Chattanooga car accident attorney will be the best choice for helping your situation if you’ve been involved in a car accident during inclement weather.

Negligence

Negligence in the case of a car accident is the idea that the party (usually a driver) at fault for the accident did not practice extensive enough care that the situation would have called for. There is a certain amount of care that would be expected of a reasonable person in any car accident situation, so negligence can take on many different forms. Negligence can also mean that there was something the driver at fault did that a reasonable person would not have done in the same situation, so acting where you should not have may also qualify you as having been negligent to the requirements of the situation.

Liability for car accidents is always based on negligence. Will juries or insurance companies be less harsh on drivers involved in accidents during bad weather? It depends on circumstance, and looking at weather as a factor always helps in measuring and determining negligence.  

Bad Weather & Liability

Weather is just one factor that comes into play when determining driver negligence and liability. Some of the other factors include the speeds of both drivers, road conditions, distractions, visibility, whether either party was impaired or intoxicated, and more.

For example, if it was just raining a little, but visibility and road conditions were not impacted, the weather may not be taken into account when determining negligence. However, if it is raining harder or there is inclement weather, a reasonable driver would be expected to slow down and act accordingly. Since heavy rain also impacts visibility and causes the road to become more slippery, a driver would be expected to adjust their driving to match such conditions.

The adjuster may determine that you were at fault during such conditions because you did not adjust your driving speed or distance accordingly. On the other hand, you may be able to fight liability if there is evidence that you did adjust your driving to a reasonable level during a bad weather situation. For example, if you slowed down to well below the speed limit during a heavy snowstorm, but still crashed into a car in front of you, your actions may be able to help you fight liability.

Find a Chattanooga Car Accident Attorney

If you’ve been involved in a car accident in Chattanooga, Knoxville, or any of the surrounding areas, do not admit liability. Contact a Chattanooga car accident attorney to help you determine negligence. We at McMahan Law Firm have several decades of experience to help you with your case.

And remember, no matter what the weather conditions are, be sure to drive safely!

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