Being involved in a car accident that wasn’t your fault and sustaining an injury is usually a good platform from which to make a personal injury claim. The first step, after you’ve received any medical treatment required of course, is to contact a reliable personal injury lawyer. They’ll be able to assess the circumstances and advise you on making a claim.
But is that the case all year round? What if your car accident happened due to adverse weather conditions – such as blinding sun, excessive surface water, mist or fog and, more likely as this time of the year, dangerous driving conditions due to snow and ice? It’s a very good question, because every personal injury claim is assessed on its own merits.
Is weather a mitigating factor?
The question of ‘who is at fault?’ is at the heart of any personal injury claim – no matter whether it happens in a workplace, in a shop, in the operating theatre or on the road. If you can prove beyond reasonable doubt that it was due to another’s recklessness, negligence or failure to meet a duty of care. So how does that relate to bad weather?
The fact is, the rules of the road apply in all weather. So while it might be more understandable for accidents to occur in treacherous conditions, the specifics of the accident would need to be examined in detail. If it could be proved that the other party had not accounted for the weather and driven without due care or attention, i.e. not driving with lights on, driving too fast or ignoring road signs – there may be claim.
Reasons for claims in winter
In many respects, the types of injuries resulting from car accident claims in winter overlap with claims from the rest of the year. Here are a couple of the most common:
- Whiplash – one of the fastest-growing reasons to make a personal injury claim. This can result from any collision. And given collisions are more likely when road surfaces are slippery or greasy due to slush, snow or ice, this is likely to be a claim.
- Trauma to the head, body or limb – any kind of impact injury owing to a crash in winter could present a valid personal injury claim. Again, collision on any part of the vehicle may lead to this type of injury. To both driver and passengers.
No matter what the injury, the scenario or the weather conditions, if you believe the road traffic accident you were wasn’t your fault, consult a reliable personal injury lawyer. They’ll be able to advise you on your claim and whether it’s worth pursuing.