New Jersey encounters a great deal of cold weather and freezing precipitation during winter. Although there are many things to love about winter, the weather can result in dangerous car accidents. You might be concerned about whether your insurance provider would hold you accountable for a car accident caused by poor winter driving conditions. In this article, we go through how insurance companies assess culpability in a winter car accident.
What Causes Harsh Winter Road Conditions?
You run a higher risk of getting into a car accident during winter because of the various road hazards created. The following are dangerous winter weather effects:
- Black ice
- Sleet
- Fog
- Strong winds
- Snowstorms
The various winter challenges can substantially impair your ability to view the road. Slippery and wet roads can make it difficult to stop your car promptly. Tragically, icy road conditions cause hundreds of deadly car accidents each year, accounting for thousands of collisions. To drive safely in dangerous winter driving conditions, you must slow down appropriately and avoid following other vehicles too closely.
Determining Liability in Winter Accidents
Insurance companies will consider each driver’s conduct when establishing liability in car accidents that occur in the winter. For instance, just because someone rear-ended another driver due to the ice doesn’t completely absolve them of all responsibility. The obligation drivers have to run their vehicles safely and keep them under control is known as the “duty of care.” If you breached your duty of care, you would still be held accountable for the accident, despite poor road conditions being a contributing factor.
Regardless of the weather, insurance companies will hold the driver who caused the collision accountable. The following elements could help identify the party responsible for the accident:
- Driving at a dangerously high speed, given the conditions.
- Driving under the influence of alcohol or drugs.
- Driving too close to other vehicles.
- Driving while being distracted.
- Improper maintenance of the vehicle.
- Driving while fatigued.
- Driving without turning on the lights.
- Driving without properly using windshield wipers.
Proving Negligence in the Other Driver
In New Jersey, drivers who want to be reimbursed for their medical costs, vehicle damage, and other costs must be able to demonstrate that the other driver was at fault. To do so, you can present evidence such as eyewitness accounts, photographic or video evidence, or even cell phone records to prove that the other driver was talking or texting during the incident. Toxicology results for possible cases of drunk driving and black box data to check vehicle speeds are other useful sources of evidence.
Contact a New Jersey Car Accident Lawyer to Prove Your Claim
If you intend to file a claim against a driver responsible for your wreck, you need legal experts to assist you. An experienced car accident lawyer can help you collect evidence against the negligent driver to prove your claim and ensure you are compensated to the highest degree.
For legal experts you can count on, contact Corradino & Papa Law Firm. We have years of experience assisting New Jersey residents with car and truck accidents and have delivered excellent services to our clients, as shared through client testimonials.