Can Poor Weather Conditions Affect My Car Accident Claim?Dec 18, 2019 Car Accidents Legal Blog Ohio Personal Injury
Posted by: Kisling, Nestico & Redick, LLC
A car accident claim can be complex and overwhelming for anyone. There are many uncertainties about what will come into play and affect your claim. Every traffic incident is unique, and people are often curious about how conditions at the scene of their accident can impact their case for compensation.
An experienced lawyer can help you understand the relationship between weather conditions and Ohio car accident claims. Even though your accident may have happened in poor weather, you still have the right to seek compensation for your injuries if they were caused by another’s negligent and careless actions.
The Ohio car accident lawyers at Kisling, Nestico & Redick know how serious your damages can be after a car accident. You do not want to lose out on the compensation you deserve simply because the weather may not have been ideal at the time of your accident.
Contact us at 1-800-HURT-NOWto set up a free, no-risk consultation about your accident.
The Duty of Care Applies to All Drivers
Ohio law considers every person bound by a duty of care that they owe to every other person. This means that we must all take reasonable steps to prevent unnecessary harm to others.
A person can face a lawsuit for damages if they cause harm to somebody by negligently or maliciously failing to meet this obligation. Therefore, all drivers must take extra precautions when driving in difficult conditions. This involves driving at night, in heavy traffic, or when the weather is bad.
A driver can be considered negligent if they are speeding, intoxicated, or distracted when behind the wheel. However, other actions can be considered to be careless when it’s raining, snowing, or foggy out.
Some actions that can be found to be negligent in poor weather include:
- Driving too fast for the current weather conditions
- Not having your lights on when visibility is reduced
- Failing to have working windshield wipers
- Driving a vehicle that is not in a safe condition for slippery roads
Ohio’s Comparative Negligence Law May Apply
You may have been badly injured by another driver who was negligent and reckless. However, some drivers share some degree of responsibility if an accident occurred in difficult driving conditions due to bad weather.
Ohio’s comparative negligence law states that a person can still successfully sue for damages even if they hold some culpability for the accident. The law requires that a person’s compensation be reduced by their share of responsibility. So if the court considers you to be 10% responsible, then the damages paid for by the other party will be reduced by 10%. However, you cannot recover any compensation if you are found to hold over 50% of the share of responsibility for your injuries.
A Lawyer Can Help If You Were Injured
It’s understandable for you to be uncertain about how weather conditions will apply to your case. The other driver may claim that you share some of the fault, but you can still recover damages if the other driver can be shown to be negligent.
This is why it is important to have a skilled Ohio car accident lawyer working to ensure you obtain all the compensation you deserve. At KNR, we know how courts approach car accidents involving inclement weather, and how to address questions about comparative negligence.
Call Kisling, Nestico & Redick Today
The weather in Ohio can be unpredictable, but that doesn’t mean you are not entitled to compensation for losses you sustained in a car crash. Whether your collision happened in heavy rain, ice, snow, or fog, you have the right to be made whole.
The party at-fault may make your case more difficult, and Ohio’s statute of limitations requires you to file a claim within two years of your accident. You may not be able to secure damages if you wait too long.
Contact Kisling, Nestico & Redick to speak with a knowledgeable car accident lawyer about your case. We can review your accident and injuries, and help you understand your options for recovery. Call us today at 1-800-HURT-NOW.