Do I Have A Claim If My Florida Car Accident Happened During Bad Weather?
When a Florida car accident happens during bad weather, it is normal for the drivers involved to think that the weather is entirely to blame for the accident. But is this really the case? Is bad weather to blame when a car accident happens? And do you have a claim if your Florida car accident occurred during bad weather? Keep reading to find out.
The Legalities of Driving in Bad Weather
You cannot control the weather. However, all drivers are required to take the necessary precautions to ensure they drive safely in the existing weather conditions. All motorists have a legal obligation to adjust their driving according to the weather. For example, a driver is obligated to avoid speeding when driving in wet weather. If a driver speeds in wet weather and then hits the brake suddenly, their car may skid. Also, speeding in poor visibility conditions usually reduces the amount of time a driver has to react to an unexpected obstacle. When it is raining, for instance, a driver may need to drive even slower than the speed limit to ensure safety.
Drivers are also obligated to avoid following other vehicles too closely in bad weather. Avoiding tailgating is necessary at all times but especially during bad weather.
So, is bad weather to blame when a car accident happens, and do you have a claim if your Florida car accident occurred during bad weather? As much as bad weather can trigger a car accident, a driver is responsible for an accident if they fail to operate their vehicle safely, given the weather conditions. Therefore, you might have a valid car accident claim even if your Florida car accident occurred in bad weather.
Determining Liability After a Car Accident Happens During Bad Weather
As already mentioned, a driver can be held responsible for a car accident that happens during bad weather. However, determining liability after a car crash occurs during bad weather can be challenging. Therefore, if you were injured in a car crash during bad weather, you should reach out to a qualified attorney for help. To determine if a driver is liable for a car crash that occurred during bad weather, an attorney may look at, among other things, the following;
- Whether the motorist was following you at a safe distance
- Whether the motorist was driving at a reasonable speed given the weather
- Whether there is something the motorist could have done to avoid the accident
- Whether the weather event was a known or an unexpected event
If the weather event was extremely unexpected, meaning the driver had no way to prevent the crash, the driver might not be held liable for the accident. For example, if a sudden tornado pushed the driver that hit you into oncoming traffic, that driver may not be responsible for your accident.
Legal Help Is Available
The bottom line is that you might have a claim even if your car accident happened during bad weather. If you suffered severe injuries in a car accident during bad weather, our Jacksonville personal injury attorneys at The Pendas Law Firm are here to help you. We can help you prove liability on the other driver’s part. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Miami, Tampa, Ocala, Orlando, Bradenton, Daytona Beach, West Palm Beach, Fort Myers, and Fort Lauderdale areas.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.0895.html