It Wasn’t Me, It Was the Weather!
A car accident is a terrible experience, and even worse if you were injured. With the uncertain weather in Colorado, drivers face conditions that can be very dangerous, whether rain, snow, or icy road surfaces. If a driver hits you and claims the weather was to blame, what are your chances of achieving a settlement or a jury award in a lawsuit? The answer always lies in the facts.
When Is the Weather a Legitimate Excuse?
All drivers are required to operate their vehicles safely, without endangering others sharing the road. When harsh weather arrives, a regular occurrence in Boulder, road conditions can be deadly. A driver who fails to account for the weather conditions and does not exercise caution – by driving too fast, too close, causing a rear-end accident, a spinout, a head-on accident, or other collision – may not have a legitimate excuse. Drivers breach their “duty of care” by driving negligently, with any of the following behavior:
- Driving distracted: The driver may be operating a vehicle in bad weather while talking on the phone, eating, texting, conversing with passengers, or other actions that take his eyes off the road. Cellphone records may reveal the truth – and at the Tenge Law Firm, LLC, we ensure we get those records.
- Speeding: Posted speed limits are based on good road conditions, not rain, snow, or ice. When the weather turns ugly, drivers are expected to exercise caution, slow down, and drive at an appropriate speed. When a driver chooses to drive too fast in poor weather, it increases the risk of a serious collision.
- Tailgating: The worst time to drive too close (although it is always a bad idea) is in heavy weather. Slick roads due to rain, snow, or ice make it difficult to bring a vehicle to a sudden stop. If a driver rear-ended you in adverse weather conditions, you may have the right to file a claim to seek full compensation for injuries and other damages.
- Driving aggressively: Some drivers feel the need to get to where they are going at the expense of others. They may drive aggressively, even in bad weather. If you were hit by a driver who was operating a vehicle in this manner, definitely consider a lawsuit.
- Negligent truck drivers: Truckers moving goods in and out of Boulder pose a risk to other drivers, even in the best summer weather. A trucker who takes risks, drives too fast, or has a poorly-maintained truck can cause a serious accident. In these cases, it is imperative that you get the support of an experienced Boulder truck accident attorney to evaluate the situation and take legal action against all liable parties.
Rain or Snow, Which is Worse?
It may surprise you that more fatal accidents occur in rainy weather than in snowy conditions. Drivers seem to be more careful when driving in snow. The NHTSA (National Highway Traffic Safety Administration) issues yearly reports, including weather-related accidents. Slick roads are the number one cause of environment-related collisions, at 50%. Fog, rain, and snow account for only 4%. Many drivers fail to recognize that it is dangerous to drive too fast in rainy weather, and innocent people pay the price, suffering serious injuries or losing their lives.
What to Do After a Weather-Related Accident
If you were injured in a vehicle accident in which the responsible driver claimed the weather was at fault, it is time to seek legal counsel. No matter the weather, drivers have a duty to drive safely. At the Tenge Law Firm, LLC, we offer a free case consultation. You deserve to have legal representation that manages every detail of your case.
The Tenge Law Firm, LLC, is a full-service firm that provides support for every detail of your case, including finding medical providers, addressing property damages, assisting with issues such as a rental car coverage, and seeking the maximum compensation in every case we take on. We have recovered millions of dollars in settlements, arbitrations, and jury awards. We are dedicated to our clients and do everything possible to help them recover after an auto accident. Call us today at (303) 665-2929.
Todd is very thorough, diligent and knowledgable in his litigation skills and also exhibits professional decorum with clients and defense counsel.
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