An experienced car accident lawyer will tell you that a crash can occur in any type of weather, but that the chances are higher when you factor in rain, sleet, and especially snow. Those of us who live out on the East Coast are well aware of the dangers that winter weather can bring, and that’s especially true when you’re driving in snow.
When it snows, your driving habits must adjust to factors such as lack of traction and lack of visibility. But driving in the snow also brings up the question of who may be at fault if an accident occurs, since the conditions are so bad. The law office of Rosner Law Offices, P.C., wants to help drivers understand how car accidents in the snow are viewed in the eyes of the law.
How Is Fault Determined In a Car Accident That Occurs In Snowy Conditions?
Liability in a car accident doesn’t change simply because the weather conditions are treacherous.
The law doesn’t give you the leeway to blame inclement weather for causing a car accident, because the burden is always on the driver to take precautions, and to behave in a way that is reasonable, and doesn’t cause harm.
There are some exceptions, however, including unforeseen or unexpected ice or snow that creates the conditions for an accident. This means that the driver couldn’t have reasonably expected snow to create hazardous conditions.
For example, if a driver was traveling behind a truck filled with snow, and that truck spilled all the snow, which caused the driver to lose control of his or her car and resulted in an accident, that driver may not be at fault due to the unforeseen and unexpected snow that fell off the truck, but the truck may potentially be liable.
In general, however, fault for accidents that occur in snow follows the legal concept of negligence, and the major standard with negligence is reasonable care.
This means that a reasonable person in the same circumstances would understand that snowy conditions require a driver to exercise utmost care – including driving slowly – to avoid an accident.
If the driver who caused an accident in snowy conditions did not act with reasonable care, then the law would hold that person liable.
Contact a New Jersey Personal Injury Lawyer About Your Car Accident
The biggest mistake you can make after a crash is thinking you don’t need to hire a car accident lawyer because you assume the insurance company of the person at fault will be fair.
But without the expertise of an experienced New Jersey personal injury lawyer like the team at Rosner& Tucker, P.C., you will be at the mercy of an insurance company that wants to pay you as little as possible to settle your claim. Please call us today at 856-692-6500 to take advantage of a free case evaluation.