Car accidents can happen at any time, but when severe weather strikes, the risk of accidents increases significantly. In fact, in the United States, adverse weather conditions are responsible for approximately 21% of all vehicle crashes. If you are planning to file a car accident case, it is essential to understand how weather conditions can affect your case.
As a trusted car accident law firm in Louisiana, The Burrell Firm is here to guide you through the impact of weather conditions on car accident cases. We’ll also explain how a seasoned car accident attorney can help you receive fair compensation for your injuries and damages.
Who is Liable For a Car Accident Due to Weather in Louisiana?
Determining liability in car accidents caused by adverse weather conditions can be challenging. In Louisiana, the legal principle of negligence typically governs car accident cases. Negligence occurs when a party fails to exercise reasonable care, resulting in harm to another person. However, when inclement weather is a contributing factor, liability becomes more nuanced.
Louisiana follows a comparative fault system, meaning that fault can be apportioned among multiple parties involved in an accident. Therefore, liability for a weather-related car accident may be shared between drivers, depending on their actions leading up to the collision.
For instance, if one driver was speeding during a rainstorm and rear-ended another vehicle, they may be deemed partially at fault for the accident due to their failure to adjust their driving behavior to the weather conditions. Similarly, if a driver fails to maintain a safe distance from the car in front of them during foggy conditions and causes a rear-end collision, they could be held liable for their negligence.
How Bad Weather Conditions Can Affect Liability in Accidents
Severe weather conditions such as heavy rain, fog, ice, or snow can significantly impact road conditions and visibility—increasing the likelihood of accidents. To determine liability, insurance companies and legal teams will assess different factors, including:
- Driver Behavior: Did the driver adjust their speed and driving behavior according to weather conditions?
- Road Maintenance: Was the road properly maintained and free from hazards that could exacerbate the impact of bad weather?
- Vehicle Condition: Was the vehicle equipped with proper tires and functioning brakes to handle adverse weather conditions?
How a Car Accident Lawyer Can Help You After a Weather-Related Crash
After a car accident, it’s crucial to get medical help and notify the authorities. But beyond that, it’s also vital to safeguard your rights and get fair compensation for your injuries and losses. That’s where a car accident lawyer comes in. They have the knowledge and skills to navigate complex car accident cases, including those involving adverse weather conditions.
Here’s how a car accident lawyer can help you with your weather-related car accident case:
Conducting a Comprehensive Investigation
A car accident lawyer can thoroughly investigate the factors that led to the accident, including weather conditions, road maintenance, and driver behavior. They have the resources and expertise to gather evidence and build a strong case on your behalf.
Calculating Your Damages
In a weather-related car accident case, it’s important to consider all possible damages, including property damage, medical expenses, lost wages, and pain and suffering. An experienced lawyer can accurately assess your damages’ value and negotiate fair compensation on your behalf.
Handling Communication with Insurance Companies
Insurance companies may try to downplay the role of weather conditions in an accident or shift liability onto you. A car accident lawyer can handle all communication with insurance adjusters—protecting your rights and helping you receive fair compensation.
Representing You in Court
If the insurance company refuses to offer a fair settlement, your car accident lawyer can represent you in court and fight for your rights. They will present evidence and arguments to prove liability and seek maximum compensation for your losses.
Discuss Your Weather-Related Car Accident Case With a Seasoned Lawyer
Weather conditions can have a significant impact on car accident cases in Louisiana, affecting liability and damages. If you’ve been involved in a car accident due to adverse weather conditions, seek legal guidance from a seasoned lawyer who understands the complexities of such cases.
At The Burrell Firm, our experienced car accident attorneys are here to help you navigate the legal process and fight for the compensation you deserve. From conducting a thorough investigation to negotiating with insurance companies and representing you in court, we have the expertise and dedication to handle your weather-related car accident case from start to finish.
