Can I Sue after an Atlanta Car Accident Caused by Snow or Ice?
As you are probably well aware, Atlanta and the surrounding areas were hit by a significant winter storm late last month that caused massive traffic problems as well as a number of serious accidents. Accumulations of snow or ice can make driving extremely difficult if not impossible, particularly in climates like ours which are often ill-prepared to deal with winter weather. Simply because snow or ice played a role in causing an accident does not relieve a negligent driver of liability for any injuries he or she caused. Establishing driver negligence can require a thorough analysis of the fact of an accident, and often requires specialized legal training. It is important, therefore, for anyone hurt in a car accident during a snow storm to consult with an experienced Atlanta car accident attorney as soon as possible to ensure that their legal rights are protected.
Establishing driver negligence
The legal concept of “negligence” refers to conduct that falls below the standard of care that would be expected of a reasonable person in similar circumstances. So, while driving a vehicle at the posted speed limit on a clear day would likely be deemed “reasonable,” driving at the speed limit during a snow storm likely would not. To determine whether an accident was caused by driver negligence, it is necessary to analyze all the facts surrounding the accident and consider what a reasonable person would have done in the same situation. Some of the common ways drivers can be negligent in poor weather conditions include:
- Driving too fast in light of the weather conditions
- Following too closely
- Not using headlights
- Not using windshield wipers
- Failing to observe stop signs or traffic signals
Sometimes, an insurance company may try and make the argument that an accident was unavoidable due to the weather conditions at the time. The truth of the matter is that very few accidents are “unavoidable,” and an experienced attorney will likely be able to demonstrate how an at-fault driver should be held liable.
If you or a loved one has been injured in a car accident in which poor weather conditions played a role, you may be entitled to substantial compensation. To schedule a free consultation with one of the experienced attorneys of Boling Rice, LLC, call our office today at (770) 887-3162 or fill out the online contact form available above.