Can You Sue Another Driver for A Car Accident That Occurs in Bad Weather

It should come as no surprise that car accidents tend to increase in the winter months, including the transition from fall into winter. In addition to roads made slippery by snow and ice, there are fewer daylight hours and more people traveling by car who might seek different transportation during warmer months.

Of course, the bulk of winter accidents occur during and just after major storms, when roads are treacherous and everyone seems to have forgotten how to drive defensively. If you were recently involved in a car accident that occurred during inclement weather, you may be wondering if you have many options for bringing a legal claim against another driver. Can you file a personal injury lawsuit if bad weather and poor road conditions were a factor in the crash? The answer to this question is accident-specific and dependent on a number of factors. There are general rules you can keep in mind when considering whether you can file a claim, but it’s generally a good idea to speak with the Memphis car accident lawyers at Patterson Bray before making any assumptions about your legal options. There tend to be exceptions to all major “rules” when it comes to car accidents. Speaking with our Memphis car accident attorneys about your specific circumstances will give your legal situation clarity so that you can make an informed decision concerning filing legal action.

Was bad weather solely to blame

If your accident was caused solely by slippery roads, poor visibility, or other factors beyond anyone’s control, you would have an insurance claim to file but not a personal injury claim. However, many accidents occurring in bad weather are not fully caused by bad weather. Memphis car accident attorneys may be able to help you file a legal claim against another responsible party if the weather was only partially to blame for your crash. Drivers may also bear responsibility. Here are some things to keep in mind:

Each driver needs to adjust for road conditions: If roads are slippery, it is not enough to simply obey the speed limit. You likely need to slow down, give yourself more time to stop, and keep a greater distance between your vehicle and others on the road. If another driver fails to take weather-related precautions, he or she could be held liable for a resulting accident.

Each driver needs to have a fully operational vehicle: In colder parts of the country, it is, unfortunately, common to see drivers cruising down the road while peering through just a few clear inches of the windshield. The rest is covered in ice and snow. This is, of course, terrible for visibility. Some drivers also put off repairs/replacement of bald tires, worn brakes, and other critical parts that could increase the risk of an accident (especially when road conditions are poor).

Each driver needs to obey traffic laws in any kind of weather: Distracted driving, drunk driving and other dangerous behaviors behind the wheel are unacceptable even under ideal driving conditions. But during inclement weather, they almost guarantee a crash.