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How is Liability Determined if Icy Conditions Caused My Car Accident?

When a driver gets behind the wheel, they must operate their vehicle safely and in accordance with all traffic laws. In the event of a car accident, fault will need to be determined and if one of the parties involved was negligent. This is also true if winter weather conditions are to blame for the accident. Examining how the drivers reacted to the weather conditions will help determine liability.

How is Fault Determined in Car Accidents?

The weather may complicate matters when an insurance company is involved.  When determining fault, insurance companies or the responding police officer will look at all factors, including weather and visibility. If a driver was travelling too fast or did not leave enough space between their car and other vehicles, it may not matter how much the snow or ice affected the accident. Each driver must be responsible for their own vehicle.

Drivers need to be aware of the weather conditions and determine whether travelling is safe or not. Some drivers may not have a choice, such as first responders or health care workers. In the event of a weather-related accident, there are times when neither driver is at fault or both may be at fault. Insurance adjusters will determine liability when looking at all factors and adjust the claim accordingly.

How Do I Prevent a Winter Weather Car Accident?

It is important for drivers to be aware of the outside weather conditions. The following list contains tips for safe winter travel:

  • Slow down in poor weather. Drivers must always account for the road conditions.
  • Leave a safe following distance. When the weather is inclement, drivers need to maintain a safe following distance between themselves and other cars.
  • Maintain the car. It is a good idea to always have a car checked before the winter months begin. Tires and brakes should be checked once a year.

Additionally, drivers should also know how to accelerate and decelerate properly in the snow; not doing so properly will spin the tires and cause a loss of traction.

When can I Sue for Damages?

In New Jersey, car accident claims are handled by drivers’ insurance companies. Only serious injuries, and when the driver’s personal injury protection (PIP) limit is eclipsed, can be covered by the negligent party if the victim chooses to sue for damages. For help with a car accident case, a victim should seek legal representation.

Atlantic City Car Accident Lawyers at the D’Amato Law Firm Help Clients Injured by Negligent Drivers During the Winter Months

Even though weather conditions can cause a car accident, a driver’s reckless actions can contribute as well. If you were injured in an accident that was caused by another driver, contact a Atlantic City car accident lawyer at the D’Amato Law Firm. Call us at 609-926-3300 or complete our online form for a free consultation.  Located in Egg Harbor Township, New Jersey, we proudly serve clients throughout South Jersey, including Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, and Woodbury.