Winter driving conditions can be treacherous, and it is up to each driver to adapt to the conditions on the road. After a heavy snowfall, it can take a few days for the roads to be completely cleared, especially sideroads, which means some roads will be more dangerous to drive on than others. For this reason, drivers must drive defensively and slow down, taking more care.
If you were involved in a car accident during the winter months and were injured, can you file a personal injury claim against the other driver? How is fault determined in this case? Your first step should be to contact a car accident injury lawyer near you to help you get the proof you need to win your case. Here are some ways fault is determined in a winter car accident case.
Driver Distractions And Driving In An Unsafe Manner
If you were involved in a car accident during the winter months and you believe the other driver was at fault for the accident, one way you can sue is if the other driver was distracted or driving in an unsafe manner. This could mean a few things:
First, the driver might have been looking at their phone or talking on it, so they weren't paying close attention to the road or the conditions of the road and lost control of their vehicle causing the accident. This could be proven by your car accident injury lawyer by obtaining their phone records to see if they were using it at the time of the accident, or by witness accounts of the driver's behavior.
They could also be found at fault for unsafe driving if they were speeding or otherwise going too fast for the road conditions. This can be proven by the car's own speedometer, traffic cameras, and if they have a dashcam or from your own dashcam footage.
If you can prove the other driver was driving too fast or distracted, you could potentially win a lawsuit against them.
Their Car Wasn't In Proper Condition
Another way you could potentially win a personal injury lawsuit against the other driver involved in the accident is if their car wasn't in proper winter driving condition. This means they didn't adequately clear the snow off their back window or windshield, which would affect their view of other cars around them. This limited vision could have contributed to the accident because they didn't see you until it was too late to react.
Also, if the snow wasn't removed properly from their roof, it could slide down onto their windshield unexpectedly, obscuring their view. This can cause an accident because they can't see where they are going. The snow from their roof could also fall backward toward following cars, obscuring the driver's view, causing an accident.
If they didn't have proper winter tires or tires with extremely worn treads, your car accident injury lawyer could file a case against them. Tires must be kept in good condition, and it's up to the owner of the car to change them if need be. If they hadn't and caused an accident, you could potentially win your case.