Bad weather is a common cause of car accidents in the United States. Poor weather condition is a natural cause, so who is really held accountable here? Here’s more information from an Albuquerque personal injury attorney explained below:
How Bad Weather Leads to Car Accidents?
When talking about bad weather, people usually think about driving their vehicle through a snowstorm. However, a study reveals that majority of car accidents are caused due to rains. Heavy rains could interfere with a driver’s visibility, while also reducing the friction between the car tires and road, which increases the risk of accidents.
Who is Held Liable for Car Accidents Due to Bad Weather?
The sensible explanation here is that bad weather doesn’t cause accidents, but it’s the people driving instead. At least this holds true when it comes to law. According to the Albuquerque personal injury attorney, you will have to prove that the other driver is at fault in the accident so as to recover the damages. If you win the case, you would be receiving a fair compensation.
How to Prove Weather Conditions After the Accident?
If you were involved in a car accident with another vehicle during heavy rain and the other driver was maintaining speed limit, you will have to present proofs stating there was a downpour at the time of the accident. Some of the documents you could provide to the court include weather reports, police reports, and witness statements.
What Conditions are Considered Reasonable in Bad Weather?
This depends on certain weather conditions. For instance, it is reasonable to go the speed limit during a regular sunny day, but it is not reasonable to do the same during a downpour.
Similarly, it is reasonable to have your headlights off on a bright sunny day, but it is unacceptable to keep your headlights off when driving through fog.
Failing to drive responsibly isn’t just limited to the driver’s actions while driving, but also before getting into the car as well. According to a personal injury attorney in Albuquerque NM, not doing one or more of the following is considered unreasonable depending on the weather conditions:
- Cleaning headlight covers
- Inflating tires the right way
- Replacing regular tires with snow tires
- Scraping ice from the windshield
- Replacing broken windshield wipers
In some cases, both the parties would be at fault for an accident. For instance, if you were driving during a torrential downpour and collided with a car having a faulty tail light, both drivers will be held accountable for the accident. This leads to comparative negligence. Comparative negligence means that the recovery of damages will be reduced corresponding to the percentage of the plaintiff’s fault.
If you are a victim of car accident due to bad weather, get in touch with a leading personal injury law firm in Albuquerque today.