Poor Weather and The Standard of Care in Negligence Cases

Poor weather conditions can have a significantly adverse effect on a vehicle maneuverability and driver visibility. A driver is not relieved of his or her duty to operate their vehicle in a safe matter simply because the weather is bad, however, and victims of accidents that occur in poor weather may still be able to recover.  Because of the legally complicated issues that often arise in accident cases in which weather is a factor, it is important for victims to retain an experienced car accident attorney. The lawyers of Shane Smith Law are skilled injury advocates who are committed to helping people injured in car accidents recover for their losses.

Poor Weather and Negligence

Under general legal principles of negligence, a driver has a duty to drive with the same level of care that would be exercised by a reasonable person in the same or similar circumstances. This means that a person may be in compliance with all the relevant traffic laws when driving in poor weather conditions, but may still be driving negligently. For example, while it may be legally to drive at the speed limit in a snowstorm with whiteout conditions, it may not be reasonable, and therefore negligent. Some of the types of weather conditions that may result in accidents include:

  • Fog

  • Rain

  • Snow

  • Ice

  • Hail

  • Sleet

  • High winds

The injuries that people can sustain in a poor weather car accident can result in significant medical expenses and lost income due to missed work. As a result, it is important for victims to ensure their rights are protected by retaining a personal injury lawyer as soon as possible.

Contact a Brooks personal injury attorney for a free consultation

If you or a loved one has been injured in a poor weather car accident, you may be entitled to substantial compensation. To schedule a free consultation with one of our Brooks personal injury lawyers, call our office today at (980) 246-2656.