Winter presents several challenges when it comes to driving on the road. Heavy snowfall and slippery boulevards make it difficult to control the vehicle, which often leads to an accident, especially if a driver is inexperienced. Moreover, a low level of road visibility can also impair a driver’s ability to see their surroundings hence increasing the likelihood of a collision. These accidents are quite common in the United States as nearly 70% of the US population is located near these snowy regions.
How to Establish Liability In Winter Car Accidents
Some accidents are unavoidable due to inherent weather conditions while others happen due to the negligence of drivers. When an individual demonstrates carelessness and causes harm to another person, the legal principle of “negligence” states that the individual who was careless can be held liable for any resulting injury.
There are four elements of negligence:
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Firstly, a person must owe a duty of care to the plaintiff. While driving on the road, an individual does owe a duty of care to other travelers on the road.
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Secondly, there should be a breach of duty, which refers to failing to act in a prudent way which may include careless driving, distracted driving, or DUI.
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Thirdly, there should be causation, which means that it was the defendant’s breach of duty that caused the injury to the plaintiff. For instance, the defendant’s careless driving caused an accident.
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Finally, damages, which means that the plaintiff was actually harmed due to the defendant’s actions, which means that the plaintiff sustained injuries due to the accident.
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Some of the common examples of negligent driving in poor weather conditions during the winters are:
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Driving extremely fast or recklessly during harsh weather conditions.
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Failing to turn on the headlights.
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Using a vehicle that is not maintained properly.
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Not using windshield wipers when necessary.
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Taking sharp turns.
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Following a vehicle without maintaining a safe distance.
All drivers have a responsibility to take a reasonable amount of care while operating their vehicles. Moreover, they must take extra precautions during the winter due to potential risks and dangerous conditions that come with it to ensure safety on the road.
How Can A Lawyer Help?
If you have sustained injuries due to an auto accident during the winter season and believe it was caused due to the negligence of someone else, you can file a lawsuit against the negligent party. It can be highly advantageous for your case to procure the services of an experienced auto accident lawyer. Your attorney will protect your rights throughout the litigation process.
Furthermore, a skillful auto accident lawyer will gather evidence and establish facts to strengthen your case, which will allow you to hold the defendant liable for their negligence. Using their vast knowledge pertaining to laws and regulations applicable to your case, a seasoned auto accident lawyer will devise a solid case in your favor, which will help you to obtain rightful compensation for pain and sufferings.
If you wish to know more about this issue or to schedule a consultation session, contact the offices of Mary Ann Covone at (708) 246-4911.