Determining liability in bad weather car accidents is always complex. It involves evaluating numerous factors, including driver behavior, road conditions, and eyewitness accounts. This can prevent injured parties from receiving fair benefits and delay payouts.
People who sustain injuries in car accidents involving bad weather in Bear need competent legal assistance. If you were hurt on the road when weather conditions were bad, you could be eligible for compensation. Understanding your options is key to taking proper legal action. Call Doroshow, Pasquale, Krawitz, & Bhaya to begin working with a trusted car accident attorney.
Who Is Liable for a Bad Weather Car Accident?
In Delaware, bad weather conditions can range from rain and fog to ice and snow. All of these scenarios can lead to crashes. Commonly, liable parties in car accidents involving inclement weather in Bear include:
Drivers
All drivers involved in a bad weather crash could be found partially responsible. Since keeping a larger distance is required when poor weather conditions occur, failing to do so can lead to a collision. Similarly, aggressive or distracted driving may not always cause a crash when the roads are dry and visibility is good, but it often ends in serious accidents when the weather worsens.
Third Parties
Pedestrians, cyclists, and motorcyclists can be found partially liable for a weather-related crash if they acted negligently on the road. For example, a jaywalking pedestrian could have caused the driver to brake suddenly and lose control of the vehicle on an icy road.
Government Entities
In rare cases, it may be possible to sue the local or federal government for poorly maintained roads and lack of proper signage. Both could lead to severe accidents in bad weather conditions.
Modified Comparative Negligence in Car Wrecks
Delaware is a modified comparative negligence state. This means that bear motorists who get hurt in car accidents involving bad weather can still recover damages even if they are partially liable for the wreck.
If the injured party is no more than 50% responsible for the accident, they can recover damages according to the percentage of their involvement in the crash. Parties who are more than 50% at fault can not claim compensation.
When it comes to bad weather accidents, it is common for several people to be at fault. For example, one driver is speeding while the other one is not keeping a safe distance. The judge may decide that the first driver is 80% liable while the second party is 20% responsible. In this situation. The second driver, who is less than 50% responsible for the crash, can recover damages. However, they can only get 80% of the amount. Meanwhile, the first driver, who is more than 50% responsible, can not claim damages.
Statute of Limitations
The statute of limitations states the time a person has to file a personal injury claim after an accident. In Delaware, this time is two years. However, since determining liable parties may take some time, initiating legal action as soon as possible is always better.
Talk to a Bear Attorney about Car Accidents Involving Bad Weather
Whether you sustained injuries in a severe crash on Highway 40 or in a minor collision in the Giant Food’s parking lot, you may be able to seek compensation. To get a fair settlement, you need to work with an experienced personal injury attorney.
At Doroshow, Pasquale, Krawitz, & Bhaya, we have over 45 years of experience helping people who sustained injuries in car accidents involving bad weather in Bear. To schedule a consultation, please contact us at any time.