When Can I Sue in a Winter Weather Car Accident?

February 12, 2014 | Blog

winter auto accidentThere is no doubt that winter weather such as snow and ice can have a devastating effect on your daily commute. While it is safest to stay home and avoid the roads during a winter storm, many residents of Indianapolis do not have that luxury, and must get to work or other obligations. However, the truth is that snow and ice make for dangerous road conditions, and motorists may have a difficult time maneuvering or maintaining control of their vehicles. As a result, accidents are a common occurrence during winter weather conditions.

People often believe that no one is at fault in winter weather accidents except the weather. Therefore, accident victims may think they have no chance of recovering for their losses from the other drivers involved. However, simply because weather was a factor in an accident does not automatically mean that other drivers did not contribute to the accident by acting negligently. For this reason, you should always have an auto accident attorney review your winter weather accident case.

Negligence in Winter Weather

Every driver has a duty to drive their cars as a reasonable person would under the same circumstances. If a driver fails to drive reasonably, they may be found liable for any accidents they cause by their negligent actions.

Reasonable driving often changes in light of winter weather. For example, driving your vehicle at the 55 mile per hour speed limit on the highway is reasonable on a regular, clear day.  On the other hand, driving a vehicle at 55 miles per hour on the same highway when it is covered in ice or snow is not reasonable, and may be considered negligent. Some common examples of negligent behavior in winter weather include:

  • Driving too fast for the road conditions
  • Following too closely, not leaving enough time to slow down or stop
  • Taking turns or lane changes too quickly
  • Not using headlights
  • Not properly cleaning off windshields or windows
  • Failing to properly maintain tires or brakes to operate in winter weather

If a negligent driver causes an accident in winter weather, that driver should be held responsible for any resulting injuries or loses.

Contact an Indianapolis personal injury attorney today for a free consultation

If you have been injured in a winter weather auto accident, attorney Merry Fountain can help you recover. Call our office today at (317) 917-7873 to schedule a free consultation. If you would prefer to reach us via email, please complete the contact form available on the right side of this page.