Do Hazardous Conditions Affect a Car Accident Case?

The world is no stranger to natural disasters lately. An 8.7/8.8 magnitude earthquake erupted in Russia this summer. The next 24 hours were filled with tsunami warning, flood warnings, grid-locked traffic from evacuees – there was even a volcano eruption.

And those living in Illinois know – we do not need anything so dramatic as earthquakes, tsunamis, and volcanos for road conditions to become more dangerous. Sometimes it is due to elements that are completely out of man’s control. This could be dangerous conditions like adverse weather. Or, perhaps your ability to drive safely has been compromised because somebody decided to drive recklessly, distracted or under the influence.

When hazardous conditions or situations led up to a motor vehicle accident, you might wonder how that might impact your personal injury claim. Determining liability for accidents in these situations can be complicated. The real answers lie in the details of your individual case. Dependent on different circumstances, there are various ways that hazards could impact the findings of fault and compensation in an Illinois auto accident case. Speaking with an experienced attorney who can help you assess your case and determine next best steps is critical to ensure that your rights are best served. For a general discussion on adverse weather and auto accidents read on – for advice in your own case, contact one of our experienced auto accident attorneys at Patel Law, PC.

What are Hazardous Road Conditions?

A roadway can become hazardous for any number of reasons. Many accidents occur simply because a motorist was behaving recklessly. This might happen, for instance, if they were driving while under the influence, drag racing, driving while distracted, etc. However, roads can become unsafe for reasons beyond a driver’s control.

Bad Weather

Roads can become hazardous for reasons totally out of anyone’s control. For example, adverse weather might impact the roads and those driving on it at any given time. The lake effect that affects much of our area leads to harsh winters: including ice, snow, and freezing rain. Reportedly, more than one million car accidents a year in the U.S. are contributed to weather-related factors. And really, it is easy to see why. Roadways can become slippery with ice or rain. Cars can lose traction on the road, become more difficult to maneuver, hydroplane, or drift. When there is heavy snow, fog, or rain, visibility is also hampered, which might lead to collisions.

Infrastructure

Failures in road infrastructure can also lead to accidents. This could include a number of things, such as a missing stop sign, overgrown trees that block a driver’s view, broken traffic lights, improper set up/management of construction work zones, etc.

Who is Liable?

If driving conditions led to your crash, an experienced auto accident attorney can evaluate your case to determine who should be held accountable. In weather-related cases, this often comes down to determining whether a driver failed to uphold their duty of care.

Everyone is required to drive in a reasonable, safe manner. What constitutes “reasonable” will look different depending on the circumstances. For example, if it is sunny and clear on a Wednesday afternoon, a reasonable driver will not be expected to have their headlights on. But a driver on that same road in a rainstorm, or after the sun goes down, will be expected to drive with the headlights. What is considered “reasonable” often depends on what the conditions of the road are.

In cases where poor infrastructure led to your accident, the body responsible for operating/maintaining that infrastructure might be held liable. However, it should be noted that even when conditions are not ideal, drivers are still required to do their best to drive safely.

Trying to prove that your accident was caused by circumstances outside of your control can be an uphill battle.

How a Patel Law Car Accident Lawyer Can Help

You might have a claim to help you recuperate from medical expenses, pain and suffering, and lost wages caused by your auto accident. Contact an experienced Springfield auto accident attorney at Patel Law, PC to discuss your circumstances with our experienced legal team.

Sources:

abcnews.go.com/US/tsunami-watch-issued-hawaii-after-80-magnitude-earthquake/story?id=124190121

fox32chicago.com/weather/wednesday-severe-weather-live