Determining Fault in A Winter Driving Accident
No matter the season, car accidents can leave a wake of injuries and fatalities. Winter weather, however, is most likely to contribute to the risk of accidents because wet, icy, or snowy conditions make the roads more slippery. When an accident happens under winter weather road conditions, it can make the determination of fault a little bit more confusing. While wet and slippery roads do make it harder to drive, drivers are expected to adapt to road conditions to make up for the hazards so they can remain in control of their vehicle.
Drivers should take the following safety precautions when driving on winter roads:
- Slow down
- Avoid distractions
- Do not drive while drowsy
- Invest in winter tires
- Make sure your tires have adequate tread and are properly inflated
- Switch to a windshield fluid with antifreeze to help keep your windows clear
- Clear and defrost all windows before heading out
- Brake slowly
- Leave extra space between your vehicle and the vehicle in front of you
- Do not turn right in front of an oncoming vehicle
- If possible, avoid driving during a storm or in very icy conditions
Determining Fault in A Winter Driving Accident
If you have ever felt your tires lose control as you skid across black ice then you know how easy it is to crash during winter driving conditions. If you were involved in an accident because of a vehicle that lost control on the snow or ice, you may be wondering if they will be held liable for your damages.
When a person is injured in a car accident and a claim is made, insurance companies must first decide who is at fault in the car accident. If the case is brought to trial, a jury will be assigned the task of determining fault. In some cases, the injured party will be assigned a certain degree of fault.
Even when icy roads contribute to an accident, the driver who crashed into the other vehicle will most likely be held liable since it was up to them to take appropriate precautions.
In crashes where both or all drivers lost control of their vehicles in icy or snowy weather and crashed into each other, fault could be shared among the drivers. In Washington State, fault can be shared in a personal injury case. Damages are awarded based on contributory fault law, which says that you may only be awarded damages proportionate to the percentage of fault contributed by the defendant and nothing for the amount of fault that you contributed. For example, if it is determined that you share 30 percent of the fault for the accident then your settlement would be reduced by 30 percent.
Always get a police report if you are in a car accident!
The police report plays a key role in the insurance company’s determination of fault as it is considered the most reliable account of what happened. It should answer how the accident happened and who caused the accident.
Seek the help of a car accident attorney
If you or a loved one was injured in a collision because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced car accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
