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How does weather affect a personal injury claim?

On Behalf of | Feb 7, 2019 | Uncategorized |

Whether there is heavy rain, a pinch of snow on the mountains or flooding, the way people drive in the weather can have an impact on safety. Those who aren’t familiar with the weather conditions could end up causing a collision when they make errors such as overcorrecting or not slowing down enough for the conditions.

Weather does impact the roads, regardless of the kind of weather it is. Dry weather can lead to sand and dust making roadways slick. High winds might make it harder to stay in your lane. Rain can reduce the friction on pavement, making vehicles slide further before they can come to a stop.

How does weather affect your personal injury claim?

In reality, it shouldn’t affect your claim. The weather has no bearing on a driver’s responsibility to avoid causing injuries to others. If a driver doesn’t compensate for poor weather conditions, that can be seen as negligent or careless behavior, and that supports your case for compensation.

Additionally, the other party can be found at fault regardless of the reason they crashed. While weather might have played a role, people are expected to take weather conditions into consideration. If they don’t slow down or prepare for those conditions, they’re taking a chance that they shouldn’t.

Does weather’s impact affect any part of the case?

It may if there is a criminal case. You will be filing for a claim through insurance, and you may potentially have a civil lawsuit. That’s independent of criminal charges, which could be placed if someone was driving recklessly or while intoxicated.

The prosecution and police may determine that no violations took place and decide against charging the driver for their actions. That doesn’t mean that the driver isn’t at fault, but it does mean that they won’t have to face criminal allegations. Again, this shouldn’t have a bearing on your personal injury claim, since you can still prove that they were the one who caused the collision.

Drivers know that weather conditions impact their ability to stop, speed up, turn and make other movements as necessary on the roadways. Anyone who has learned to drive is supposed to take the weather conditions into account when they’re driving. Failing to do so can constitute negligence, and it should, in many cases. You can still file your claim and seek compensation, even if the driver believes that they’re not the one to blame.



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