When bad weather strikes New Jersey, even the best drivers can put themselves at risk and potentially cause a car accident. If you got into an accident because of poor weather, let us help you understand your legal options.
Can I Still File a Claim if Weather Caused My Accident?
Yes, you can typically still pursue compensation even when bad weather contributed to your accident. Weather-related accidents cause over 21 percent of motor vehicle accidents each year, which translates to more than 1.2 million crashes.
But weather alone does not automatically rid you of responsibility: Drivers still have a legal duty to adjust their behavior for road conditions. The key is understanding that although the weather may be a contributing factor, it does not excuse negligent driving behavior.
What Weather Conditions Are Most Dangerous in New Jersey?
New Jersey experiences diverse weather patterns that create various hazardous driving conditions: The state sees approximately 26 inches of snow and 48 inches of rainfall annually.
The most dangerous conditions include wet pavement and rainfall, which account for 70 percent of weather-related crashes. Following rainfall accidents, snow or sleet accounts for 18 percent of weather-related accidents, snowy or slushy pavement causes 16 percent, and icy pavement contributes to 13 percent.
Who Is Responsible When Weather Is a Factor in New Brunswick?
The driver who failed to exercise reasonable care, given the conditions, typically bears responsibility for a weather-related accident. Even if bad weather is a contributing cause, the driver remains responsible because they chose to drive in those conditions and did not properly adjust their driving. Courts expect drivers to reduce their speed, increase their following distance, and use appropriate caution regardless of weather conditions.
How Do I Prove the Other Driver Was at Fault?
Proving liability in weather-related accidents follows the same principles as other car crashes: You must demonstrate that the other driver behaved negligently. You and your attorney will need to examine whether the other driver was traveling at an appropriate speed for weather conditions, maintaining a safe following distance for the circumstances, driving a properly maintained and equipped vehicle, and paying attention to the road.
If you get into a weather-related crash, take photos of the road conditions, vehicle damage, skid marks, and weather conditions at the scene. Obtain weather reports from the time of the accident, and record any witness statements that you can.
Can Road Maintenance Issues Affect My Case?
Sometimes liability extends beyond individual drivers to government entities responsible for road maintenance. If a state or municipal agency failed to properly plow, salt, or treat roadways subject to snow and ice buildup, post warning signs, or design safe roads, they may share responsibility for accidents.
What if My Vehicle Wasn’t Properly Equipped?
Vehicle maintenance plays a crucial role in weather-related accident liability. Drivers need to ensure that their vehicles can handle seasonal conditions: You need proper tires with adequate tread depth, functioning brakes that can stop effectively on wet or slippery surfaces, and working windshield wipers that provide clear visibility.
If you drive with worn tires that cannot grip slippery roads effectively, for instance, the court may consider you negligent.
New Brunswick Car Accident Lawyers at Rebenack Aronow & Mascolo L.L.P. Offer the Legal Help Drivers Need
If you have sustained an injury in a weather-related crash, trust the New Brunswick car accident lawyersat Rebenack Aronow & Mascolo L.L.P. to advocate for your rights. Call us at732-247-3600 or fill out our online form for a free consultation. Our office locations are in New Brunswick, Somerville, and Manalapan, New Jersey, and we proudly serve clients in the surrounding areas.
