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Auto Accidents Related To Winter Weather And How To Determine Liability

by The Cochran Firm Phildelphia   | September 8, 2024

When a car accident occurs, it is often simple enough to know who was not paying attention to what caused the incident. However, in situations where there are other factors, like the weather, you may be very much unsure how to move forward in getting the compensation you are owed. If you have questions about auto accidents related to winter weather and how to determine liability, let our legal team at The Cochran Firm in Philadelphia help you.

Call our Philadelphia car accident attorney first if you are unsure of any legal matter about your case.

Who is Responsible for a Bad Weather Auto Accident?

Generally speaking, bad weather is not an excuse for bad driving. That is, if you are stopped at a light, the road is slick and the driver behind you hits you, the road is not the problem. It is the driver who failed to stop properly. It comes down to the simple fact that drivers are responsible for controlling their vehicles in all situations.

When conditions are unsafe, a driver should not be on the road. If they are on the road, they must modify their driving methods to accommodate that added risk. Not doing so means they did not take the necessary precautions to keep you safe.

Bad Weather Is Not an Excuse

According to the Pennsylvania Department of Transportation, most car accidents happen when there is no bad weather at all. In 2022, about 8,449 accidents related to snow and freezing rain occurred in the state, and about 12,316 occurred during rain, but more than 93,770 occurred when no adverse conditions existed.

The key to remember is that while bad conditions occur in our state very often, that does not change who is liable for the losses that occur. The weather can become quite challenging, but it does not change the process in which you make a liability claim.

Pennsylvania Is a No-Fault Insurance State

It is important to note that in Pennsylvania, the no-fault rule governs how benefits are applied to your personal auto insurance policy. In short, no matter who is to blame for the car accident, your insurance policy covers some of your losses. That includes medical payments related to your injuries and lost wages.

If you are in a fender-bender due to adverse driving conditions, then you may be filing a claim with your personal auto insurance company even if you were not the one to cause the accident. This is simply how no-fault insurance coverage works.

There are times when the damage is severe, and the losses are much higher and complex. For example, you may have an injury that causes you serious injury and pain. Your losses are extensive and include noneconomic losses on top of your medical bills. These are times when it is possible to pursue the other driver for compensation for your losses. This is an important step in which our attorneys will work with you to ensure you are getting full protection under the law. We do not encourage you to simply settle your case. Instead, reach out to us now.

How Our Car Accident Attorney Can Help You

When you are in an accident like this, your first step is to get medical care and file a police report. Make sure you get the care you need, even if you believe it to be minor.

Then, contact our legal team before you file a car accident claim with your insurance company or anyone else’s.  Our attorneys will help you through this process in several ways:

  • We will identify what occurred and gather all of the evidence necessary to prove what happened. We will do this to ensure we know the full picture of what occurred, including whether the other driver was being reckless.
  • We will help you estimate all of your losses after an accident like this, which may include economic and noneconomic losses. We want to be sure we are pursuing the full compensation you are owed.
  • Our legal team will offer insight into what your next steps are. That includes who to file a claim with and how to pursue adequate compensation for the losses you have.

There are reasons why you may need to sue. We want to be sure that we take action to protect your rights.

Let Us Help You Resolve Your Case

Our goal is always to help our clients resolve their cases and to get the financial compensation owed to them. Learn more about how we can help you and what happens with auto accidents related to winter weather. We are happy to help you pursue compensation at the fullest level possible. Call us today to schedule a free consultation.

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