Let’s face it, the chances of getting into a car accident are higher in terrible weather conditions in Philadelphia. As the weather becomes colder, not only does visibility reduce due to snow and fog, the roadways also become more slippery as the asphalt becomes icy. During this period, the question of liability is always top on the list of concerns when a road accident happens.
While drivers are expected to be more careful during extreme weather conditions, extreme weather can undoubtedly impair sight, playing a major role in collisions or crashes. Without beating about the bush, Philadelphia injury lawyers are your best bet if you are involved in an accident probably caused by extreme weather. That said, here are the things to know if extreme weather causes your car accident in Philadelphia.
Common Extreme Weather Situations that Have Caused Accidents
Dust storms, flash floods, hail, and black ice are examples of common extreme weather situations that have caused accidents. Still, that doesn’t mean you can’t be liable for an accident even when these conditions are obvious. If you rear-end another motorist, there’s a huge chance you will be liable unless other conditions exist to help negate the charge.
For example, if the other motorist’s tail light is busted, chances are, you may share liability since you did not see his tail light in a fog, dust storm, or snow. As for flash floods (which can be due to rain or a major break in your city’s dam) chances are, you may escape liability if the flood happened while you were already on the road. Meaning you were not aware of the condition that hit unexpectedly.
Can the Weather be Blamed?
It is expected that road users exercise extreme care during extreme weather conditions. The truth is, vehicle drivers seldom escape being liable for road accidents caused by severe weather. The negligence principle almost always comes into play as it may be assumed that any motorists that decide to drive during bad weather conditions are capable of safely navigating the condition.
You know the weather was bad. What’s more, you are aware that visibility might be poor, without a good lawyer, chances of getting any compensation is next to zero but not impossible.
What to Do After Extreme Weather Causes You to Crash
Like any other accident, you should get to safety. You probably got into an accident because of poor visibility or the slippery road. You’ll do well to clear off the scene of the accident as other motorists may cause multiple crashes. If you are conscious and strong enough, call the ambulance service/police.
Furthermore, try not to panic or flee the scene as you may be compounding your problem with such a move. What’s more, do not admit to anything. If there are serious injuries, there may be a need to determine fault, so it’s best to consult an injury lawyer before you start talking. You can also contact your insurance company.
After an accident, your insurance company and lawyer will review the situation to determine if you are responsible for your crash. Yes, the weather condition at the time of the accident will be considered, however, the possibility that you did not exercise due care will also be analyzed to determine liability. The following are some of the things that will be looked into.
- Failing to follow road signs.
- Driving with worn or without windshield wipers.
- Were you driving under influence?
- Were you tired or distracted?
- Driving with worn tires.
- Driving too fast.
- Driving without appropriate headlights.
If it can be proven to a reasonable extent that you drove with care and obeyed all roadway laws, chances are you may get compensation. This is why you need an experienced injury attorney. Proving that exercising all the care in the world would not have prevented your road accident is not easy. This means using the “act of God defense.”
Usually, this defense cannot just be used unless the weather conditions happened unexpectedly, such as a tornado, earthquake, or sudden hail, etc. In Pennsylvania and some other states in the US, motorists are required to have no-fault insurance policies, which can help cover hard-to-determine cases regardless of the fault.
If all you have is a liability insurance cover, chances are, you may not get compensation from your insurance provider. Still, an injury attorney can help you with filing for compensation for personal injury if the other crash party is at fault.
Let Us Assist You With Your Claim
Apart from the injuries sustained and damage to your vehicle, road accidents can be traumatizing. With bad weather the cause, it can happen at any time and to anyone. If you or your loved one are involved in such road accidents, you need all the help you can get. It’s not an easy task to prove that you were not at fault at all in an extreme weather situation.
Therefore, it’s best to allow experienced Philadelphia injury lawyers to handle your claims. You will not only get personalized service if you need them to come to your home but also the best outcome for your claims.