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Can I Sue After a Winter Weather Car Accident?

Snow Car With another 6-12 inches of snow expected in the Boston area over the next 24 hours, it is a safe bet that many of us are more than ready for warmer weather to arrive. We have discussed many of the potential dangers associated with winter weather in this blog over the past few weeks, including the dangers that can be posed by space heaters and governmental liability for slip and fall accidents.  In addition to these risks, winter storms wreak havoc on road conditions and can make maintaining control of a vehicle extremely difficult. As a result, winter storms significantly increase the risk of being involved in a motor vehicle accident. Anyone involved in a car accident in which winter weather played a role should be certain to consult with a Framingham car accident attorney as soon as possible.

Many people may be under the mistaken impression that simply because poor weather conditions contributed to an accident, victims may not be able to recover for their injuries. In fact, an insurance company may try and claim that the accident in which you were involved was unavoidable and did not reflect negligence on the part of the other driver. The truth of the matter is that negligence is complicated legal concept, and you should have the circumstances of your case reviewed by an attorney regardless of what any insurance company says.

In the context of the law governing car accidents, “negligence” has a very specific meaning. All drivers have a duty to operate their vehicles as would a reasonable person in similar circumstances. The determination of “reasonableness” is at the heart of most personal injury cases and may require the raising of complicated legal arguments. For example, while driving your vehicle at or near the speed limit would likely be deemed “reasonable” on a clear, sunny day, the same is almost certainly not true for those driving in a Massachusetts snowstorm. So, while the insurance company may claim that another car skidded into you simply due to snow accumulation and the collision was unavoidable, the reality is that the other driver may have been following too closely or driving too fast for the conditions.

An attorney will investigate the circumstances of your accident and uncover any evidence of negligence should it exist. In some cases, the very act of being out on the roads at all during a travel  advisory may be sufficient to establish driver negligence.

Some common examples of driver negligence in poor weather conditions include the following:

  • Driving too fast in light of the conditions
  • Failing to use headlights
  • Improper vehicle maintenance
  • Failure to use windshield wipers
  • Taking turns too quickly

Car accident attorney Daniel Cappetta is dedicated to helping victims recover. As a former prosecutor, Mr. Cappetta understands how important it is for people injured by others to obtain justice, and works tirelessly to hold those who cause accident responsible. To schedule a free consultation with Mr. Cappetta, call our office today at (508) 969-9505. If you would prefer to reach us via email, please fill out the contact form available on the right side of this page.