In our last post, we brought up the topic of inclement weather conditions and how drivers should always remember to adjust their driving approach to meet these conditions. Clearly, if every driver did this consistently, there would be fewer accidents on our roads. Unfortunately, either because of lack of experience, recklessness, distractions, and other causes, drivers simply do not always exercise reasonable care in inclement weather conditions.
When an individual is injured by a motorist, regardless of the circumstances of the crash, one of the immediate concerns is making sure they obtain the medical care they need. Beyond that, victims want to make sure they are fairly compensated for losses resulting from the accident. In cases where insurance claims and attempts to settle with the other driver privately run into a dead-end, litigation may be necessary.
The basic idea in auto accident litigation, of course, is that motorists who fail to exercise reasonable care should be held accountable for the damages they cause. In cases where inclement weather is a significant factor of an accident, sorting out liability can be a challenge. Not only do motorists often remember the details of the accidents differently, but there may be disagreements about what constitutes reasonable care under the conditions of the accident, as well as the extent of the damages. The issue of liability can be additionally complicated where there are multiple motorists involved in the crash.
Sorting out how exactly the crash occurred, how liability should be distributed, and the extent of the damages available to the plaintiff is not always an easy task and it is critical to work with an experienced attorney who is able to provide strong advocacy.