Can You Sue After an Accident Involving Poor Weather?

cars in the rain

According to KTLA5, the recent storm in Los Angeles County has brought a record amount of rain to the area. As of February 8 th, 2023, the National Weather Service was reporting the following rainfall totals for the Los Angeles County Coast and Metro Area:

  • Bel Air - 13.65
  • Beverly Hills - 9.81
  • LA Downtown (CQT) - 9.03
  • Hollywood Reservoir - 8.63
  • Culver City - 8.60
  • Long Beach (KLGB) - 8.01
  • Santa Monica (KSMO) - 7.38
  • LA Airport (KLAX) - 5.68
  • Hawthorne (KHHR) - 5.49
  • Leo Carrillo - 4.61

Driving in adverse weather conditions can be challenging and increases the risk of accidents – especially if you do it often. With Los Angeles only getting an average of 36 days with measurable rain, many Angelenos do not know how to drive in bad weather. That said, being unfamiliar with rain does not relieve drivers from their legal duty to drive safely. If you have been involved in an accident due to poor weather conditions, you might be wondering if you can sue for damages. It's essential to understand your rights and the legal options available to you.

In this blog post, we will explore the implications of accidents involving poor weather and why it is crucial to seek the assistance of a Los Angeles car accident lawyer who specializes in handling cases like yours. If you or a loved one has been injured in an accident, don’t hesitate to contact Arshakyan Law Firm at (888) 851-5005 for a free consultation on your case.

Bad Weather Can Make for Treacherous Roads

When inclement weather strikes, roads become more hazardous, greatly increasing the likelihood of accidents. Rain, fog, strong winds, and other weather events create challenging driving conditions that require extra caution and careful maneuvering. Unfortunately, not all drivers adjust their driving behaviors accordingly.

In heavy rain, for example, the roads become slick, reducing traction, and increasing the risk of hydroplaning. Additionally, poor visibility combined with precipitation can make it harder to see the road, other vehicles, or potential obstacles. Negligent drivers who fail to consider these conditions may engage in reckless behaviors that endanger themselves and others on the road.

Poor Conditions Do Not Excuse Negligence

While poor weather conditions can contribute to accidents, they do not excuse negligence or reckless driving. Drivers have a responsibility to operate their vehicles with reasonable care, regardless of the weather. Negligence can involve a range of behaviors, including speeding, distracted driving, tailgating, or failure to use turn signals. In addition, drivers should adjust their driving to be safe under the circumstances. For example, if visibility is poor, driving at the posted speed limit may be negligent in light of the conditions.

If you have been involved in an accident caused by another driver’s negligence during poor weather conditions, you may be able to pursue a personal injury claim. However, proving negligence can be complex and requires expertise in personal injury law. That’s where the services of a Los Angeles car accident attorney become invaluable.

Why You Need a Los Angeles Injury Attorney to Protect Your Rights

Navigating the legal process after an accident involving poor weather can be overwhelming, especially when dealing with injuries and the associated physical and emotional distress. A Los Angeles injury attorney who specializes in car accidents can guide you through the complex legal landscape and help you protect your rights by retaining a knowledgeable attorney, you gain access to their extensive experience and resources. They can investigate the accident, gather evidence, interview witnesses, and consult with experts if necessary. Additionally, they will handle all communication with insurance companies and negotiate on your behalf to ensure you receive the compensation you deserve.

Keep in mind that insurance companies often try to minimize their payouts, even in cases where their insured party is at fault. Having a skilled car accident attorney in your corner can level the playing field and increase your chances of obtaining a fair settlement. They will fight for your rights and pursue the maximum compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Remember, time is of the essence when filing a personal injury claim. In California, there is a statute of limitations that restricts the time you have to file a lawsuit. Consulting with a Los Angeles injury attorney as soon as possible after your accident ensures that your case is filed within the required timeframe.

Insurance Company Tactics

When it comes to accidents involving poor weather, dealing with insurance companies can be challenging. These companies often employ tactics to minimize their liability and reduce the amount of compensation they have to pay out. It’s important to be aware of these tactics so that you can protect your rights and ensure fair treatment.

One common tactic used by insurance companies is to shift the blame onto poor weather conditions. They may argue that the accident was solely caused by the weather, and therefore, they should not be held responsible. However, it’s important to remember that even in poor weather conditions, drivers still have a duty to exercise reasonable care and caution on the road. If the other driver involved in the accident acted negligently or violated traffic laws, they can still be held liable.

Another tactic employed by insurance companies is to downplay the severity of your injuries. They may argue that your injuries are not as serious as you claim, or that they were pre-existing conditions unrelated to the accident. It’s crucial to gather and provide as much evidence as possible to support your claim. This includes medical records, expert opinions, and any other documentation that can prove the extent of your injuries and their impact on your life. Insurance companies may also pressure you into accepting a low settlement offer quickly. They know that you may be in a vulnerable position after an accident and may need immediate financial assistance. However, it’s important to consult with an attorney before accepting any settlement offer. They can evaluate the full extent of your damages and ensure that you receive the compensation you deserve. Some of the specific things a lawyer can do for you include:

  • Evaluate your case and determine whether you have a claim
  • File your claim with the appropriate insurance company
  • Attempt to negotiate a fair settlement offer

If the insurance company refuses to make a fair offer, file a lawsuit on your behalf Call a Los Angeles Car Accident Lawyer Today. Adverse weather conditions may create more challenging driving situations, but they do not excuse negligence on the road. If you have been injured in an accident involving poor weather, it is crucial to seek legal representation to protect your rights and pursue the compensation you deserve. Call Arshakyan Law Firm at (888) 851-5005 or contact us online to schedule a free consultation with a skilled Los Angeles car accident lawyer. Let our experienced attorneys handle the legal complexities while you focus on your physical and emotional recovery.

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