Receiving Compensation Through Uninsured Motorist Cover Getting into an accident with an uninsured driver can be nerve-wracking. When you need medical attention…
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The weather in Tennessee can be warm and sunny, or it can be brutal with heavy rains, thick fog, slippery ice, and nasty winds. When the weather changes, the road conditions also change. These conditions can drastically increase the risk of traffic fault car accidents because of their challenges. If you’re involved in an accident caused by poor weather, it’s crucial to understand your legal rights and how fault is determined. Car accidents due to weather conditions—like heavy rain, fog, or icy roads—can complicate liability, making it essential to gather evidence and speak with an attorney who can help navigate these unique challenges.
When the weather is sunny and bright, nothing is affected except for a general mood lift for the population. However, when the bad weather hits, it can feel like a domino effect of negatives. The clouds roll in, the power goes out, and chaos erupts on the road. According to the National Highway Traffic Safety Administration (NHTSA), weather conditions contribute to thousands of crashes yearly. These conditions can lead to car accidents by presenting hazards like:
When these hazards are present, drivers must adjust their behavior on the road. They must maintain control of their vehicles, which leads to fatal accidents, even if that means driving below the posted speed limit, and be extra mindful of what’s on the road around them, since they might be unable to see everything. Failure to adjust to these hazards can ultimately lead to an accident. Weather impacts on various types of road crashes are well-documented—whether it’s hydroplaning in the rain, sliding on ice, or reduced visibility in fog—making it critical for drivers to take extra precautions in bad conditions.
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The variety of weather we see in Tennessee means that we see various effects on the roads. These can include:
When poor weather conditions happen on the road, it’s essential to take extra care to drive according to the law. Often, you have to be even more careful than the law states, lowering your speed and using headlights in the middle of the day. A driver who fails to adjust their behavior and causes a crash can be liable for comparative negligence.
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Regarding weather-related accidents, the question of fault always arises in car accidents. After all, you can’t blame the snow for your injuries. Who is to be held liable for what you suffered and pay for your medical bills?
Despite bad weather, drivers are legally responsible for the accidents they cause. While on the road, we all have a duty to maintain control of our vehicles and, if that isn’t possible, to stay off the road completely. Tennessee law does not excuse reckless behavior because the weather conditions were unfavorable. A speeding driver in a snowstorm will still be held liable for the damage they cause. Even if they weren’t speeding but still lost control of their vehicle, they can be held liable simply because they are responsible for the damage their car causes when they lose control.
Documenting the scene of the accident as well as the weather conditions will help your case in the long run. That’s because insurance companies and investigators will look at all the evidence and determine how each driver involved in the accident was behaving. Specifically, they look for a driver who follows too closely, fails to use their headlights in fog, or doesn’t adjust their speed to account for the extra slippery roads. Any of these behaviors is considered negligent.
Next, insurance companies and investigators will use accident reports, dashcam footage, and eyewitness statements to recreate the accident. Since it’s critical in the fight for fair compensation to prove who was at fault, you want to do your best to have all the evidence available. A lawyer can help you collect these things so you are not short-changed.
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To give yourself the best chance possible at recovering compensation, there are a few things you can do. Be sure to:
Most of the things you can do to help yourself in the claims process involve leaving a trail of evidence. Documenting the scene, seeking medical attention, and calling 911 will all generate reports that your lawyer can use to help prove your case. Documenting everything immediately is key.
At Gatti, Keltner, Bienvenu & Montesi, we are here to fight for you. We know Tennessee roads and understand how the seasons and changing weather can impact car accident claims in Tennessee. We also know the unique laws Tennessee has to protect its drivers.
Our team moves quickly to preserve evidence, collecting weather data, photos, and witness statements for your case. We also know how to handle big insurance companies. Insurers will use every excuse they can to limit your compensation and even deny it outright. We can fight against their tactics to help you get what you deserve.
Weather can be brutal to drive through, but it doesn’t mean any driver should get away with negligence. Let us help you recover what you deserve. Contact us today at (901) 526-2126 for a free consultation.