There are countless factors that could lead to a motor vehicle collision, and one of the most common examples is driving in extreme or dangerous weather. From poor visibility to low traction, weather conditions can dramatically increase the chances of a crash for multiple reasons.
If you were injured in one of these collisions, you might have a viable case for compensation. A knowledgeable car accident attorney could help you evaluate your legal options. Before you file a lawsuit on your own, it could be in your best interest to speak with an Indianapolis bad weather accident lawyer first.
Driving conditions play an oversized role when it comes to driver safety. From rain to snow or even heavy wind, bad weather could lead to a vehicle crash in a number of ways. In some cases—like when harsh conditions develop rapidly—it might not be possible to avoid a crash. Unfortunately, some of these incidents result from a combination of weather issues and driver error.
When another motorist operates their vehicle in a careless or reckless manner, it can lead to an accident. The chances for a crash go up dramatically when this behavior occurs in foggy, wet, snowy, or icy conditions.
When the weather is severe, the actions of a driver could be negligent even if they would otherwise be safe on a clear day. For example, traveling at the speed limit is not considered unsafe normally. That is not always the case when roads are iced over.
Plaintiffs must rely on a legal theory known as negligence when pursuing a civil lawsuit. This term is used to describe careless, reckless, or intentional behavior that leads to another person’s injury.
There are four elements that plaintiffs have to prove when establishing negligence. First, they must be able to show the defendant owed them a duty of care. This is usually not contentious in these cases, as drivers have a duty to operate their cars carefully.
Next, a plaintiff has to show that the duty they were owed was broken by the defendant. That could involve proving the defendant was driving too fast given the dangerous road conditions in Indianapolis.
The third element of negligence is causation, which involves a link between the breached duty and a plaintiff’s injuries. Finally, recovering compensation requires evidence of measurable damages like medical bills or lost wages.
When weather is a factor in an accident, it is important to document these conditions as soon as possible. Building a winning case for negligence typically requires a plaintiff to paint a clear picture of how the crash happened. This includes documenting how road conditions might have played a role.
It is important to remember that conditions can change quickly. Snow can melt, fog can clear, and ice can dry up. It is important for the plaintiff to document evidence of these weather phenomena before that can happen. This evidence could be invaluable in the hands of an Indianapolis bad weather accident attorney.
Car accidents can be traumatic events under even the best circumstances. When road conditions are dangerous, these collisions can be even more stressful to deal with and the evidence can disappear quickly.
If you were injured in a crash, reach out to an Indianapolis bad weather accident lawyer today to learn more about how to get the damages you need. McCready Law offers free consultations to evaluate your case.