While many people tend to blame car accidents on the weather, a human being or entity is always liable for the crash. No matter how serious the weather conditions are, it is up to the people to act with reasonable care.
Determining liability in car accidents involving bad weather in Bloomfield is key to recovering damages. If you were hurt in such a crash, you need to consider working with an attorney. A competent car accident attorney can help you obtain fair compensation.
Who Is Liable for a Bad Weather Crash?
In Bloomfield understanding who is liable for a bad weather collision is the first step to filing a correct personal injury claim. Some of the common parties at fault are:
Drivers
Drivers must adapt to weather conditions by reducing speed and increasing following distances. If the driver fails to do so and crashes, they are liable for the accident regardless of the weather.
Multiple Drivers
In some cases, more than one driver may share liability in bad weather accidents in Bloomfield. For example, if two drivers fail to exercise caution and collide, both may be considered partially responsible. The driver whose fault is less than 50% has the right to recover damages.
Municipalities
The local government is responsible for maintaining Bloomfield roads in order to mitigate bad weather accidents. They must plow snow, treat ice, and ensure proper drainage. If the government or the road maintenance contractors fail to do so, they could be partially responsible for the collision.
Employer or Owner
If the crash happens because the vehicle’s owner fails to provide proper maintenance, they could be liable. For example, the truck company did not replace worn tires on time, and the truck driver could not brake properly on a wet road.
Negligence in a Bad Weather Accident
Some of the most serious car crashes involving bad weather in Bloomfield occur on Garden State Parkway due to high speeds. However, smaller town roads, such as Broad St. and James St., can also be dangerous when the weather worsens.
The main reason why such crashes happen is someone’s negligent actions. For example, improper car maintenance, speeding, texting, or failing to keep the right distance. Proving this negligence is a requirement for filing a successful personal injury lawsuit.
A lawyer would have to collect evidence, talk to witnesses, and conduct a full investigation in order to prove that the at-fault party acted negligently. Then, they would use this evidence to support the claim and negotiate with the insurance company. If necessary, the legal team may take the evidence to court.
Damages in a Bad Weather Collision
A person who sustained injuries in a car collision involving bad weather in Bloomfield can seek several types of damages:
- Economic damages that involve all expenses related to the crash
- Non-economic damages related to the loss of quality of life due to the injuries sustained in the crash
- Wrongful death damages related to the death of a loved one in the collision
If the case proceeds to court, the judge may also award punitive damages. This is usually possible if the at-fault party’s behavior is especially reckless.
Talk to an Attorney about Car Wrecks Involving Bad Weather in Bloomfield
Like any crash, car accidents involving bad weather in Bloomfield can devastate you and your family. If you sustained injuries in such an incident, you may be able to obtain compensation. To evaluate your case and start taking the right steps toward damage recovery, you need to speak to an attorney.
At Fredson Statmore Bitterman, LLC, we are passionate about helping people get the money they deserve. To schedule a free consultation with our experienced legal team, please call us at any time.