Even though Memphis is in the South and does not get a lot of cold weather, there is the occasional rain, snow, and ice storm. If a driver decides to take their vehicle onto the roadway in snow and ice, they are expected to maintain control of it. They typically will not be able to blame the conditions of the road for their negligence.
After a crash occurs in poor weather conditions, David E. Gordon is an experienced car accident attorney that can help you get your life back on track. Call a Memphis bad weather accident lawyer today if you or a loved one has suffered losses due to another driver’s negligent conduct. You may be entitled to compensation for your losses.
What Steps Should a Person Take After Being Involved in a Bad Weather Accident?
If a person has been involved in an accident triggered by ice or snow, it is important to contact the police. If they can get an officer to their accident, it will be beneficial to have a law enforcement record when the individual makes their claim. There are situations in which the police will communicate to the citizenry that they cannot come to the accident scene because it is too dangerous or because too many other collisions are occurring.
A person who has just been involved in a car crash due to bad weather should take proper precautions to stay safe and warm while waiting for help. If safe to do so, taking photographs could be helpful for an attorney later on. With bad weather accidents, conditions often fade away quickly and evidence may be erased if not documented immediately at the time of the crash.
Assignment of Fault in Bad Weather
Dangerous weather impacts the assignment of fault in a car accident because a driver may claim that the incident was not his fault, but an act of god. What a driver must understand, however, is that when he embarks on a trip that he knows is going to require travel on icy roads, he assumes the responsibility to drive with special care. If those icy roads caused him to lose control, he may not be able to claim that the accident was not his fault. He assumed the risk of those icy roads when he started on his trip.
It is imperative to prove that the driver at fault knew or should have known that the road conditions were dangerous. To do so, it may be necessary to get the meteorological records from the county. These records are available upon request. A legal professional can find out the very minute that the weather condition began in an area. This information could be crucial in proving another driver’s carelessness and that the plaintiff was not just a victim of bad weather conditions.
Recoverable Damages
If an individual is the victim of another driver’s negligence in a dangerous weather accident in Memphis, many different types of compensation in a personal injury case may available to them. First, they may be entitled to recover money for their medical treatment. They should also be entitled to compensation for any lost earnings they suffer while recovering from their injuries.
Another way they should be compensated is for the pain and suffering that they experienced throughout their rehabilitation, and even into the future if they have been badly or even permanently injured. This may also allow them to recover for a loss of enjoyment of life that may be forced upon them by the outcomes of the accident. Sometimes the pain a person may be experiencing is not physical, but they are still suffering nonetheless because they cannot participate in the activities that he or she normally enjoys.
A Memphis Bad Weather Accident Lawyer Could Work for You
Even if poor weather did play a role in causing your accident, another driver may still be responsible for being careless under the conditions. A driver has a responsibility to use caution on the road, and if they have failed to do so, a Memphis bad weather accident lawyer could hold them liable for their negligence. Call today to schedule a free consultation with board-certified lawyer David E. Gordon.
