Car accidents happen in Brookhaven every day. Sometimes, a crash involves poor road or weather conditions. Even with bad conditions, drivers must adjust to the conditions and stay safe.
If an accident happens because of changing road or weather situations, who is at fault? Although the other driver might blame road conditions, they were probably responsible for the accident. Drivers must always adjust to current conditions to prevent a collision.
At John Foy & Associates, our Brookhaven car accident lawyers can investigate. We’ll determine who was at fault. If the other driver is at fault, you might be eligible for financial compensation. To learn more, call (404) 400-4000 or contact us online for a FREE consultation.
Our Brookhaven car accident lawyer can review what happened and explain your possible next steps.
Who’s Responsible for Bad Weather or Road Conditions Accidents
All drivers must go at a “reasonable and prudent” speed under current conditions (Georgia Code §40-6-180). That includes when weather or highway conditions present unique hazards.
Accidents in poor weather often happen because a driver refuses to slow down. For example, say the speed limit on a highway is 70 mph. If the roads become icy, the 70 mph speed limit is no longer appropriate. Drivers must slow down to a speed that is safe for current conditions.
A driver who doesn’t slow down on a hazardous road is negligent. If the driver’s negligence leads to your accident, that driver is responsible. Examples of negligence with poor road or weather conditions include:
- Driving too fast for conditions
- Stopping too quickly
- Swerving in and out of lanes
- Tailgating other vehicles
Driving comes with responsibilities. Of course, no one can control the weather or unexpected road conditions. But motorists can adjust to current conditions. They can also make sound decisions to keep others safe.
Legally, drivers are responsible for the accidents that they cause. Even if bad road conditions were a factor, the driver is ultimately liable. To learn more, talk to a car accident lawyer about your rights.
Examples of Poor Road Conditions
Road conditions can make highways hazardous. Examples of poor road conditions include:
- Uneven surfaces
- Potholes
- Dead animals
- Sinkholes
- Cracks
- Broken concrete
- Vehicle debris
- Very bumpy roads
Many drivers underestimate poor road conditions. Even small defects can lead to a severe accident. For example, potholes can burst a tire at high speeds. The driver might lose control of their vehicle and hit other cars.
Drivers are responsible for adjusting to road conditions. However, the party responsible for the roads could be partially at fault. If your accident involved poor road conditions, talk to a lawyer about your options.
Examples of Poor Weather Conditions
Many lousy weather conditions can affect the roads, including:
- Ice or snow
- Flooding
- Thunderstorms
- Hail
- Tornadoes
- High winds
- Sand storms
- Hurricanes
Bad weather conditions put everyone at risk. When driving through poor conditions, motorists should exercise care. In some cases, it’s best to stay off of the roads until conditions get better.
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Brookhaven Drivers Have a “Duty of Care”
All drivers must act in a way that doesn’t cause harm. If someone fails to adjust to changing conditions, they can cause an accident. That driver might be liable for all of the accident damages.
Here are some ways a driver might cause an accident, even during bad weather or road conditions:
- Driving while distracted
- Driving while drowsy
- Not using windshield wipers
- Drunk driving
- Not obeying traffic signals
- Failing to slow down for conditions
- Ignoring road signs
- Using headlights incorrectly
- Driving on worn tires
- Driving too closely behind other vehicles
There are many ways the other driver could be at fault. At John Foy & Associates, we can help you by investigating the accident. We’ll uncover what happened to pursue the fullest compensation possible.
Contact us today for a FREE consultation. We’ll match you with the best Brookhaven car accident lawyer for your case. Plus, there is no fee unless we win your case.
Call us at (404) 400-4000 or contact us online for your FREE consultation.
What You Must Prove to Recover Damages
To recover compensation, you must prove that:
- The other driver was negligent.
- The driver’s negligence led to your accident.
- You suffered injuries and damages from the crash.
The driver must have been careless in some way. If there were terrible road conditions, the driver might try to blame those conditions. You’ll need to show how the driver was negligent despite the conditions.
If another driver was at fault, you can seek compensation through a personal injury claim. A car accident lawyer will help you file this claim with the driver’s insurance company. However, note that the insurance company will probably use road or weather conditions to deny responsibility.
Our lawyers know how to handle insurance companies. We’ll work to get the fairest compensation possible for you. Our attorneys will handle the legal side of things. That way, you can focus on healing.
When the Other Driver Is Not at Fault
Sometimes, a driver might use an “Act of God” defense after an accident. The driver is claiming that they couldn’t avoid the accident because of unexpected weather conditions. For example, a driver might say that a sudden tornado pushed them into an accident.
It’s rare for the other driver to hold no fault. Most of the time, the driver is still partially responsible for the crash. However, the insurance company might fight against you.
Protect your legal rights by contacting an experienced car accident lawyer. Your lawyer will explain your options and fight back.
Talk to a Brookhaven Car Accident Lawyer for Free Today
If another driver failed to heed changing road or weather conditions and caused your accident, you have rights. John Foy & Associates will do everything in our power to get the compensation you deserve.
We have been helping accident victims for over 20 years. Our attorneys know how to fight for your rights to full recovery. Plus, we do not charge a fee unless we win your case.
Learn more during a FREE consultation. Call us at (404) 400-4000 or contact us online to get started today.
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