Who’s at Fault if Poor Road Conditions Cause an Accident?

It is Winter. Snow is falling all around the country, and there are many accidents on the highways and city streets. There are many reasons for these accidents. In some cases, visibility may be poor. In other cases, a vehicle may not have been properly prepared for the snow. An inexperienced driver may cause a crash.

car accident due to poor road conditions

If you have an accident, you will need to file an insurance claim. If the insurance company denies your claim, you may need an attorney. You can find more information about car accident law here. It can be helpful to know who is at fault in an accident that takes place because of poor road conditions.

The Auto Manufacturer

Cars today are highly technical pieces of equipment. They can control your speed and warn you of dangers up ahead. If a car’s safety system fails when you are driving in bad road conditions, it can be very dangerous. A personal injury attorney may be able to establish that the company that designed, manufactured, or marketed the car is at fault. If they have enough evidence to prove this, you may have a class action lawsuit.

Drivers

In many cases, a driver will ultimately be considered at fault even if the weather is terrible. It can take years to learn how to drive in the snow. People panic when they get into stressful situations, and often forget their training.

Driving in the snow takes special skills, but they do not always teach these skills in a driver’s ed class. If you have to drive in snow, remember to:

  • Drive slowly
  • Accelerate and decelerate slowly
  • Follow at a longer distance
  • Try to stop as little as possible
  • If your back wheels spin out, steer in the direction of the spin
  • Pay attention to your car’s warning system
  • Avoid slamming on the brakes.

The Local Government

The state or local government may be responsible when you have an accident because they might not have adequately prepared for the winter season. Cities need to make sure that their snowplows are working properly and must have enough salt for the roads when the weather is icy because icy roads can cause major accidents.

The weather does not have to be bad for drivers to be affected it. Potholes are the result of cold weather because water often enters the ground under the pavement and this groundwater freezes in the winter. Water expands when it freezes and becomes too large for the ground to contain. It eventually cracks the cement causing potholes.

Local governments are supposed to take care of potholes. If they do not, it can cause major accidents and damage to your car. Chicago is a city that is known for its potholes.

How Do I Prove I’m Not to Blame for an Accident?

The best way to prove you are not at fault for an accident is by collecting evidence. Get a copy of the police report and take pictures of the cars and road if you can. Get the names and numbers of witnesses and get the other drivers’ names along with their insurance information.

Save all of your medical reports and bills. Medical reports can tell an insurance adjuster that the car accident caused your injuries. These reports can help to prove who was at fault for the accident.

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