When a person is injured in a car accident and a claim is made, insurance companies must first decide who is at fault for the car accident before a settlement offer can be made and negotiated. In the rare situation where a case is brought to trial, a jury will be assigned the task of determining fault, whether it is shared or assigned solely to one driver. When cold weather accidents happen, determining who is at fault for the accident can seem a little bit more confusing. While wet and slippery roads do make it harder to drive, drivers are expected to adapt to road conditions to make up for the hazards so they can remain in control of their vehicles.
If you or a loved one was injured in cold weather accidents, it is a good idea to seek legal advice from an experienced, local car accident attorney who can review your case and help protect your legal rights.
Determining Fault in Cold Weather Accidents
If you have ever felt your tires lose control as you skid across black ice, then you know how easy it is to crash when roads are slippery. If you were involved in an accident because of a vehicle that lost control on the snow or ice – whether your own or someone else’s – you may be wondering if you can get a settlement that will cover your losses.
Full liability: Even when icy roads contribute to an accident, the driver who crashed into the other vehicle will most likely be held liable since it was up to them to take appropriate precautions*.
Shared liability: In crashes in Washington State where both or all drivers lost control of their vehicles in icy or snowy weather and crashed into each other, fault may be shared among the drivers. When this occurs, damages are awarded based on contributory fault law, which says that you may only be awarded damages proportional to the percentage of fault contributed by the other driver(s) and nothing for the amount of fault that you contributed. For example, if it is determined that you share 20 percent of the fault for the accident, then your settlement would be reduced by 20 percent.
Single-vehicle accident: a driver in a single-vehicle accident caused by losing control on icy roads can still file a car accident claim, though these claims often involve seeking compensation through the driver’s own insurance-such as collision coverage or personal injury protection (PIP). If poor road maintenance or signage contributed to your single-vehicle accident, there may be an option to file a claim against the jurisdiction in charge of the roadway where the crash occurred.
Always get a police report if you are in a car accident!
A police report is used by insurance companies to help determine who is at fault for the accident as it is considered the most reliable account of what happened. The responding police officer should include a description of how the accident happened and who caused the accident. It is very important that you do not admit fault for the accident to the police officer. You can request a copy of the police report to give to your attorney.
*Precautions to Take in Winter Road Conditions
There are several precautions that drivers can take to reduce their chances of being involved in a car accident in winter road conditions, including:
- Drive under the speed limit
- Put your phone away
- Avoid driving while heavily fatigued
- Take your car to the shop to have your tires rotated (if they are due for a rotation) and inflated to factory levels.
- Replace your tires if they no longer have adequate tread and/or invest in winter tires
- Use a windshield fluid with antifreeze to help keep your windows clear
- Clear and defrost all windows before heading out (give yourself an extra five minutes before you need to leave)
- Brake and turn your steering wheel slowly and mindfully
- Leave extra space between your vehicle and the vehicle in front of you
- Do not turn immediately in front of an oncoming vehicle (wait until there is more space)
- If possible, avoid driving during a storm or in very icy conditions
If you were driving cautiously and still became involved in an unfortunate accident, either due to winter road conditions or the negligence of another driver, contact a local car accident attorney to discuss your legal rights.
Contact a Car Accident Attorney
A car accident lawyer can help you recover a full and fair settlement for the injuries you sustained in a car accident with no up-front costs to you. We know the sneaky strategies used by insurance companies to get injured people to agree to settlements far below what they are worth. Our clients typically end up with a settlement or jury award that is five to ten times larger than they could have negotiated on their own. We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County who were injured in Washington State since 1979. Contact the experienced and hard-working personal injury lawyers at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation!
