Can I Sue After a Car Accident That Occurred in Poor Weather Conditions?

Driving in poor weather conditions can be a stressful and frightening experience. Conditions such as snow or ice have the potential to significantly impact vehicle performance, affecting issues such as maneuverability and stopping distance. As a result, poor weather significantly increases the risk of being involved in a motor vehicle accident. Some people may mistakenly believe that they cannot recover for injuries sustained in a car accident in which poor weather played a factor. This is not the case, and the same legal principles apply regardless of whether an accident occurred on a bright, sunny day or in the middle of a blizzard. To determine whether you have a claim arising from a car accident, you should consult with one of the experienced car accident attorneys of Shane Smith Law as soon as possible.

Negligence is Negligence

General tort law principles require a driver to drive as a reasonable person would under similar circumstances. Without getting into the more complicated aspects of the law, this generally means that a driver should not drive in a way that presents an unreasonable risk of harm to others. So, while driving at or around the speed limit may be reasonable on a clear day, the same may not be true in dense fog or heavy rain. So while a driver may not be breaking any traffic ordinance (i.e. the speed limit), he or she may still be acting unreasonably in the context of tort law.  Examples of the types of conduct that could be negligent in poor weather conditions include the following:

  • Following too closely
  • Failing to use windshield wipers
  • Failing to use headlights
  • Going too fast considering the weather conditions

There are many other ways that a driver may be negligent in poor weather conditions, and an experienced attorney will be able to help you determine whether you have a claim.

Contact a Coweta County personal injury attorney for a free consultation

If you or a loved one has been injured in an accident that occurred during poor weather conditions, you may be entitled to substantial compensation. To schedule a free consultation with one of our car accident attorneys, call Shane Smith Law at (980) 246-2656

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