When the weather becomes stormy, it can be difficult to avoid getting caught in an intense downpour. The roads may be slick and you may find it almost impossible to see. You might then lose control of your car and have an accident. Whether it is determined that you are at fault will affect whether your car insurance provider will be paying the damages or whether you will even be taken to court.
Liability is based on negligence. The question is whether someone was behaving in a negligent manner that leads to the accident. For instance, if a car was defective and this was the cause of the accident, the car manufacturer may be more to blame than the motorist. During inclement weather, there is a certain standard of care that a motorist must follow to ensure that his or her vehicle is operated properly under these conditions. However, a motorist may take actions that are reasonable based on the weather conditions and these actions may still lead to an accident. For instance, a motorist may drive below the speed limit on a highway during rainy conditions, but the act of driving below the speed limit leads to an accident.
Exercising Proper Caution
When the weather conditions have reached a point where the individual cannot see, the reasonable action would be to pull over to the side of the road until the weather conditions improve. Therefore, if you do not take these actions, the judge may rule that you were partially at fault for the accident. It is important to work with a car accident attorney who will be able to explain the events that occurred in a manner that will show that you weren't at fault.
Some Accidents Are Unavoidable
Sometimes, even when driving slowly and cautiously, you may lose control over your car and crash into another vehicle. If you stop long before you reach an intersection, your car may still slide, outside of your control, and cause a collision. In this case, you, your car insurance provider, or the car accident attorney may fight liability.
Because the terrible weather is a factor that must be considered, it is important that you consult with a car accident attorney in order to ensure that you receive adequate representation for your case. There are many details you may have left out that can affect whether you will be forced to pay for the accident.
Contact a car accident attorney for more information and assistance.