It is generally advised not to travel during bad weather since it can be injurious to drivers as well as passengers. Even natural incidents like landslides, or tropical storms can cause havoc on the roads and become dangerous for all travelers. Bad weather can be terrible for drivers, especially in the winter season as visibility is limited and the low temperature can severely impact the performance of the vehicles, creating higher chances of a car accident.
However, when the car accident can be attributed to the reckless or negligent behavior of another party, the victim has a right to claim to recover for his or her losses. The victim party can file a personal injury lawsuit against the other party who inflicted the loss. However, in bad weather conditions, it may become harder to prove the negligence or recklessness of the driver at fault.
Negligence of Drivers During Bad Weather Conditions
In the case of bad weather, a personal injury lawsuit may get complicated when aiming to fulfill the burden of proof. There are some causes that may help if you had a car accident during bad weather and it wasn’t your fault:
- Not having concentration on the road on account of being tired or exhausted
- Driving while impaired
- Taking multiple sharp turns while driving
- Using worn tires when driving
- Driving with an unmaintained vehicle
- Not using proper headlights while driving
- Not using windshield wipers
- Being distracted while driving
It is the basic job of a good Seattle car accident lawyer to guide and determine whether a claim attributed to an accident while driving in bad weather conditions is feasible to bring to the court or not. Furthermore, other than the driver responsible for the cause of the accident, the manufacturers of the vehicle, vehicle equipment companies, government which maintains the roads, etc. can also be held accountable if there is any defect in the equipment, the vehicle, or conditions of the roads which resulted in the car accident.
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Compensation can be claimed in case of an accident based on the specific circumstances which occurred during the accident. The main things for the person bringing a claim for compensation has to be kept in mind include:
- the speed at which both the parties were driving
- the maintenance of the vehicle
- the condition of the road
Furthermore, the victim has to also assess whether he or she himself had not violated any traffic laws.
It is also to be noted that most manufacturers are insured and insurance companies have different terms and conditions regarding their responsibilities and coverage, as such they try to vacate their own responsibility as the insurance companies are not solely accountable for unforeseeable acts of God and such terms are highlighted in the insurance policy which is mentioned in the contract.
Negligence in Terms of Accidents
Negligence on the fault of the other party can be explained under certain scenarios. For example, the speed of the automobile should not be more than the assigned speed limit and the driver should have not been intoxicated with alcohol or any other drugs as well as the fact that the car should be properly maintained.
It should be further noted that maintenance of the vehicle is the sole responsibility of the owner since he has signed the agreement which legally obligates him or her to maintain the performance of the car, since the insurance company has taken the obligation of paying any charges if the vehicle has proper maintenance and has no performance issues. If the driver is proven negligent, the insurance company is not liable for paying any damages whatsoever.