Freezing rain, snow, black ice – slippery winter roads make it difficult for even the most careful drivers to control their vehicles. According to the U.S. Department of Transportation Federal Highway Administration’s report of 10-year averages from 2007 to 2016, 1.2 million weather-related car accidents, on average, happen each year, 19 percent of which result in injuries and 16 percent in a tragic loss of life. However, according to state law, a driver is responsible for any accident they cause, even if winter weather contributed to it. If you’ve been injured in a winter weather or snow accident, getting the help a skilled accident attorney in Philadelphia at Silver & Silver could be critical to your accident claim. 

Who is at Fault in a Snow Accident in Philadelphia?

Every time a driver gets behind the wheel of a car, they have the legal responsibility to take reasonable care while driving. And in winter weather, this especially holds true. 

How does this legal “duty of care” affect a driver in inclement weather? It means they must drive slower to account for slippery weather and road conditions. They must allow a greater driving distance between cars. They must allow more time to get to their destination. In fact, part of that duty of care means that given the danger of the weather conditions, they could have decided not to drive altogether. 

How is Fault Decided in a Winter Snow Accident?

When determining fault in a winter car accident, weather will be a consideration, but not the only one. Law enforcement, insurance companies, and the courts will consider many factors when determining who was at fault for a winter or snow accident. These will include:

• The driver’s behavior – Given the weather, did they exercise sufficient caution? Did they reduce their speed or maintain a safe driving distance?
• The state of the roads – Road surfaces can play a critical part in an accident investigation. Icy patches, standing water, and poorly maintained roadways can all contribute to an accident during winter weather.
• Traffic signals and signs – What was the driver’s behavior in response to signals and signs considering the weather conditions?
• The police report – Official police reports typically detail the circumstances of an accident, including the weather conditions, the status of the road, and any potential violations that the involved drivers may have committed.
• Eyewitness accounts – Statements made by witnesses can provide valuable information about driver behavior or the sequence of events during the accident.
• Expert analysis – In more complicated cases, accident reconstruction experts may be consulted to understand how the accident happened, how weather or road conditions may have contributed to it if it could have been avoided, and who was at fault.

Would Winter Weather be Considered an “Act of God” in a Snow Car Crash?

Insurance companies or negligent drivers may argue that the weather was an “act of God” that contributed significantly to the accident. But weather conditions must have been sudden, unexpected, or unusual for weather to be used successfully as a car accident defense. Furthermore, the defendant must be able to prove that no amount of care could have prevented the accident. 

Relatively normal winter weather that we experience here in Pennsylvania rarely would constitute an “act of God” accident defense, and using it is seldom successful. 

Can You Hold the At-Fault Driver Liable for Your Costs and Other Damages?

Pennsylvania has a modified version of no-fault car insurance, meaning that accident victims will first file a claim with their own insurance company. But there is always a matter of “fault” when it comes to any car crash when negligence is involved. This is when the at-fault driver can be held liable for the accident and injuries that resulted from their negligence. 

Unfortunately, depending on your insurance type and the extent of your injuries, you may be limited in your ability to hold the at-fault driver liable for certain damages. 

In addition, there is often more than one driver at fault in an accident. Called “comparative negligence,” compensation will be reduced by the amount of fault you’ve been assigned in the accident. In Pennsylvania, we follow a 51 percent comparative negligence rule. This means if you were assigned 51 percent or more fault for the accident, you wouldn’t be entitled to compensation for your damages. 

Snow Car Crashes Can be Complicated

Does this sound complicated? It is.

Winter accidents can happen in the blink of an eye, and it’s common for drivers to blame each other for the accident. Further complicating these accidents is the involvement of insurance companies looking to reduce their own financial exposure in the claim. It’s common for large insurance companies to look for ways to try to mitigate responsibility, such as downplaying a victim’s injuries or offering a low-ball settlement. 

What does that mean for you? It means the likelihood of being fairly compensated after an accident comes with serious risks. But insurance companies know that injured victims don’t usually have the legal knowledge or money to fight them to get the compensation they truly deserve. This is when having an experienced accident attorney in Philadelphia can be critical. 

The Importance of Having the Legal Representation of an Accident Attorney in Philadelphia

If you have been injured in a car crash in the snow or other weather-related accident, the last thing you are prepared to do is fight with a large insurance company. Yet, getting the compensation you deserve for your injuries and other damages is often what’s required. 

At Silver & Silver, our highly experienced Philadelphia accident lawyers have dedicated their careers to getting justice for injured victims. We will handle your insurance claim, investigate the accident to determine whether you have a case against the other driver, and analyze the total value of that claim. We will diligently work to negotiate a fair settlement with the insurance companies involved and, if necessary, continue to fight for you in court to ensure you get the recovery you deserve. 

Call our experienced accident attorneys in Philadelphia at (610) 638-7255 or schedule a no-cost consultation through our website contact form. Don’t face injuries from a winter-weather car accident by yourself. 

 

Disclosure:

This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with the Law Offices of Silver and Silver, we are not your legal representatives.