Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
One of the most common reasons someone doesn't seek car accident law services and pursue a claim is the belief that the incident was caused by weather. Even if you think there's a smidge of a chance the accident occurred due to someone else's negligence or recklessness, you ought to have a conversation with a car accident attorney. Here are four reasons why it's worth reaching out to counsel for advice.
Consultations Are Usually Free or Low-Cost
It's normal for a car accident lawyer to offer a free initial consultation, and some others still offer low-cost consultations. This is an opportunity to lay out the basics of the case and learn whether they feel you have a case to be made under car accident law. You can also meet with a few attorneys to get a sense of what the common threads are and whose approach you like the most.
Weather Doesn't Eliminate the Need to Drive Safely
While it's common for defendants in vehicle accident cases to cite the weather as the cause, don't assume they're right. Even in white-out conditions, every motorist has a responsibility to still safely operate their vehicle. If a car had worn down tires and was driving in heavy rain, ice, or snow, for example, the law cares that the vehicle had no earthly business being on the road even on a nice day. It's understandable that you might also consider the weather a potential cause of the incident. However, you ought to at least talk things over with a car accident attorney and hear what they think of the incident.
The Defendant Might Still Be Liable
The question of a party's contribution to an accident matters. American car accident law includes a fairly solid understanding that few bad things that occur on roadways are 100% anyone's fault. That also means that few weather-related incidents are 100% the weather's fault, either.
Contributory negligence rules vary widely among the states. There are states where you might still be able to recover compensation even if the at-fault motorist was only deemed 5% responsible for what happened. In most states, though, they have to be at least 51% responsible for the plaintiff to recover any damages.
Look at the Big Picture
A car accident attorney may also look at how other vehicles performed that day. If your accident was one of only a couple in the area during that 24-hour period, it's at least worth taking a closer look at why everyone else handled the weather well.
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