In a Weather-Related Accident, How Is Negligence and Fault Affected?
Ohio certainly gets its share of bad weather and driving conditions, and according to the Federal Highway Administration, many more accidents occur in weather-related crashes, such as in heavy rain, snow, severe crosswinds, fog, icy pavement, and more.
Generally, over 5,000 people are killed, and over 420,000 people are injured in weather-related crashes every year.
Wet pavement and rainfall are responsible for approximately 70 percent of accidents, and over 44 percent occur in the rain.
However, when weather is a factor, and someone is injured or hurt, or there is significant property damage, if you must sue for damages, how does the weather affect you and prove who is at fault?
Commonly, in any car accident, slip & fall, etc., proving fault involves proving someone or some entity (such as a company, etc.) was negligent. In other words, no matter what the accident, someone failed to meet the reasonable standard of care, especially while driving in poor weather.
Some examples of these types of proof are;
- They failed to take proper safety precautions, such as slowing down or operating their lights in bad weather.
- Following cars too closely or not leaving enough room between cars.
- Driving too fast for the harsh conditions or taking turns at unsafe speeds.
- Going out at all in weather that is unsafe for driving.
- Operating a vehicle with worn-out tires, malfunctioning wipers, brakes, and more.
In cases like these, where bad weather is a factor, proving fault may be significantly more challenging, so the professional legal guidance of a skilled Mentor Ohio personal injury lawyer is mandatory. Your thorough and experienced personal injury lawyer will analyze your case, let you know precisely what your legal options are, and take the proper steps that will help to ensure you collect and present the appropriate evidence needed to prove fault, even under extreme weather conditions.
What Is a “Duty of Care” and Can It Help My Weather-Related Accident?
It’s commonly assumed that if your traffic accident (or slip or fall) occurred in inclement weather, nobody may be held at fault, and you’ve lost the option to sue for compensation; that is not true.
If bad weather is a factor in your accident or even caused it, it’s vital to know that fault can still be significant, and compensation is still available to you and your family.
It’s critical to acknowledge that, especially in bad driving (or walking) conditions, others must maintain a specific “duty of care” to all the other motorists on the roads and highways.
This duty of care legally mandates that all motorists (business owners, etc.) behave as any reasonable person would if they were in the same circumstances.
For example, if they are driving in bad weather, most reasonable drivers would go slower, leave a greater distance between vehicles, put on their headlights, etc.
Even if the other driver is at the posted speed limit, bad road conditions may be reasonable proof that they should have been driving even slower. So, with a personal injury lawyer’s experienced and knowledgeable guidance, this driver may still be held liable for your accident even if they obey current traffic laws.
If you are unsure of the situation, consulting with a skilled and thorough Mentor, Ohio, car accident lawyer is the only way to know all your legal options; don’t miss out on the compensation you deserve.
Can Property or Business Owners Be Liable for Bad Weather Accidents?
This can be a complex legal question, but the simple answer is yes: business and property owners, and even municipalities, can be liable for bad weather accidents, such as slips & falls, vehicular mishaps, and more.
Let’s say there’s significant road damage, and it’s not been repaired for a lengthy period. In inclement or icy conditions, this damage may not be visible while driving and could contribute to or cause your crash. In such a case, the state or municipality could be responsible for your accident.
Another example is a grocery store owner failing to clear icy conditions around their store and you take a terrible fall. If the conditions is man-made, such as failing to repair a leaky gutter, the owner can be considered negligent and held partially or even fully responsible for your injuries.
The scenarios are endless, but remember that even if bad weather significantly contributed to your accident, it does not mean you cannot obtain the rightful and needed compensation you deserve. So, if you have an accident, and the weather is a contributing factor, get the advice and guidance of a winning Mentor personal injury lawyer and be sure of all your legal options.
Can Inclement Weather Contribute to Unsafe Work Conditions and Workplace Accidents?
Yes. Icy and slippery roads are not the only source of issues pertaining to bad weather accidents. Of course, it depends on your job type, but exposure to extreme cold and other harmful weather conditions can contribute to accidents and injury.
You should be aware that if you find yourself in this situation, there are protections to protect you.
For example, specific OSHA regulations are in place if you must work on a roof or any elevated area to remove accumulated snow or ice. Your company must follow strict safety requirements, or they could be held liable for any injuries or deaths. Your employer must evaluate potential hazards and protect you from falls or other injuries.
Additionally, under the National Labor Relations Act (NLRA), you can refuse to work under unsafe conditions, but specific criteria must be met. Your personal injury lawyer, well versed in these regulations, will also explain that you are protected from retaliation from your employer if you refuse to work under unsafe conditions. So, once again, if you are injured working in prohibitive weather conditions, consultation with a skilled, knowledgeable personal injury lawyer is mandatory.
I’ve Had an Accident, and Weather Was a Factor; How Should I Proceed?
Every case of weather-related accidents and injury differs. Still, suppose you’re unsure whether another driver, business, or property owner can be liable. In that case, it’s always in your and your family’s best interests to consult a Mentor personal injury lawyer.
The Mentor-based Piscitelli Law Firm has 30 years of experience in successfully helping injured clients and their families get the total compensation they need and deserve, even if bad weather is a significant factor. Call Piscitelli Law today at (216) 820-9832 for a free consultation and deal with a lawyer who has the experience, empathy, and knowledge to obtain the needed funds for you to recover and thrive.
