How Weather and Road Conditions Can Affect Your Crash Claim
Each year, roughly 745,000 crashes are due to adverse weather conditions. If inclement weather or poor road conditions caused your accident, determining liability may be more challenging. Your insurance company may need to investigate further. They will consider whether you adjusted appropriately for weather conditions. If your accident was caused by bad weather, the insurance company is unlikely to forgo fault and blame Mother Nature.
A collision on a slippery or wet road can lead to significant injuries. Even if you feel that your accident claim is straightforward, you must seek experienced representation. In this blog, the Nashville car accident lawyers at Raybin & Weissman discuss what factors the insurance company will assess. These factors are important in calculating your settlement.
Speeding
If it is raining, snowing, or sleeting, or if road conditions are slippery, you need to slow down. Posted speed limits are intended only for ideal conditions, not for adverse weather. When conditions are hazardous, it is recommended that you ease off the gas. Current guidance suggests cutting your speed by ½ on snow-packed roads. Reduce your speed by 1/3 on wet or slippery roads.
Following Distance
Three seconds is considered a safe following distance, but it applies only to slower speeds and ideal conditions. In poor weather or on adverse roads, you need to allow more space between you and the lead driver. Poor conditions, such as snow, freezing rain, or sleet, warrant an increased following distance of 4 or 5 seconds. The following distance should increase in dense fog. If you caused a rear-end accident, you may be held liable if you did not maintain a safe following distance.
Routine Maintenance
Any reputable mechanic will recommend that you check your tires, brakes, and brake lights at least twice per year. If you regularly skimp on vehicle maintenance, you leave yourself open to liability. Common maintenance issues that contribute to accidents in inclement weather include poor tire treads, faulty brakes, or brake light problems. Routine maintenance is crucial, especially during the winter months when road conditions are more likely to be treacherous.
Failing to Use Headlights
Tennessee Code requires that headlights clearly illuminate a person 200 feet ahead, being required 30 minutes after sunset to 30 minutes before sunrise. The law mandates that your headlights must be used during periods of rain, mist, or precipitation, or whenever you must use your windshield wipers consistently. If you are found in violation of this law, you could be found negligent for your accident, even if you did nothing else wrong.
Poor Visibility
It is your responsibility to clear your windshield after a snow or ice storm. Slow down when driving in heavy precipitation or dense fog. If the weather impairs your visibility, pull over to a safe location until conditions improve. If your accident was caused by a lack of visibility, you may be found partially negligent. This holds true even if the other driver’s actions contributed to the crash.
Evidence to Strengthen Your Claim
Insurance companies are stingy about paying out claims, especially if you are filing a third-party claim (a claim with the other driver’s insurer). To deny liability, the insurance company will search for evidence that you contributed to the crash. By pinning liability on you (even partially), they can justify paying less on your claim. For example, if insurance determines you are 25% at fault, then your $40,000 bodily injury claim will be reduced to $30,000.
At Raybin & Weissman, we are aware of the insurance company’s tricks. Our car accident lawyers will assess your situation and conduct our own investigation. From there, we will gather the necessary information to build your case. Given our thoroughness and negotiation skills, the insurance company stands no chance. If the insurance company attempts to stall or repeatedly offers low settlements, we will take your case to court.
Injured? Speak with Our Nashville Car Accident Lawyers
Car accidents can cause more than broken bones, impeding a person’s ability to provide for their family. The insurance company may attempt to blame you for not taking proper precautions, but we know there is likely more to the story. If you suffered injuries due to a weather-related crash, our Nashville car accident attorneys would like to hear from you. To learn how we can assist, do not hesitate to contact Raybin & Weissman online or by calling (615) 256-6666. We offer free, no-risk consultations.