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Is the Car Accident Still Someone’s Fault if the Weather is Bad?

More than any other factor, bad weather can be a driving cause of auto accidents. Whether it’s rain, or snow or ice, slippery road conditions can make it difficult to control your vehicle and increase the likelihood of a serious accident.

If you’ve been involved in a bad weather car accident, you might be wondering how fault comes into play in extreme weather conditions and if your insurer will take the weather into account when examining your case. Here are a few factors you should be aware of after you’ve been in a bad weather accident and advice for hiring a Colorado Springs car accident attorney.

Negligence and Car Cases

In most car accident, the biggest determiner of fault will be the actions of the drivers involved. When examining the facts of your car accident, your insurer will be on the lookout for negligent actions. Negligence in car accident cases can include a number of different factors, including distracted driving, driving while intoxicated or failing to take reasonable action necessary to avoid an accident.

While negligence and fault are evident in most car accident cases, weather can be an extremely complicating factor, which is why it’s so important to understand how insurance company’s view weather in car accident cases.

How Insurer’s Examine Bad Weather

As mentioned, the main issue an insurer will examine in a car accident case is negligence, and this includes the weather. In bad weather situations, it is the responsibility of the driver to take precautionary measures to limit the chances of a wreck. However, taking reasonable precautions can depend on how severe the weather was.

For example, in mildly rainy conditions where visibility is not affected and road integrity remained consistent, it’s likely that your insurer will decide that the weather did not influence the circumstances of your wreck. On the other hand, if your wreck happened in heavy rain or snow and you didn’t adjust your driving technique to the new conditions, then your insurer will probably deem you at fault.

Cases Where You Can Fight Liability

If you are the defendant in a bad weather car accident case, one of the primary things you can do to get your insurer on your side is to prove that you’re driving reasonably under the bad weather conditions. Should you be able to demonstrate that you were driving slowly and cautiously to accommodate the weather and that it was the recklessness of the other driver that caused your accident, then it is likely that you will win your case.

Whether you were the victim or the instigator of a bad weather car accident, your first step in handling the aftermath of your wreck should be to consult a Colorado Springs car accident attorney.

Hire a Colorado Springs Car Accident Attorney

No matter the circumstances of your accident, dealing with a traumatic wreck is much easier with the right legal representation on your side. After your bad weather car accident, get the legal advice you deserve by partnering with a Colorado Springs car accident attorney from Heuser & Heuser, LLP.

Working with one of our experienced attorneys means increasing the likelihood of winning your case so that you can move on with your life. Contact us for an evaluation of your case today.

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