Many factors can contribute to and cause a car accident, such as roadway defects and distracted drivers. Similarly, combining bad weather conditions with surrounding vehicles can have serious consequences. Many motorists are unaware of how to drive safely when rain or ice impairs their visibility or affects their environment.
South Carolina has countless small roads susceptible to sleet, ice, frost, and more, and drivers can quickly lose control of their vehicles. Driving defensively and remembering that other motorists may not be used to inclement weather conditions is important.
If you or a loved one have been in a car accident involving bad weather in Columbia, you should explore your legal options. Our hardworking car collision attorneys could advise and guide you through the process of obtaining monetary damages to cover your losses.
You do not need to manage your injuries and your legal situation alone. Our seasoned personal injury team at Whetstone Perkins & Fulda could help you find a path forward.
What To Do After Getting into a Crash Caused by Bad Weather
You can take specific steps following a vehicle collision due to inclement driving conditions. They include:
Check For Injuries and Call for Help
Check yourself and others for injuries and call emergency services. Make sure to describe the road and the circumstances that caused the wreck so police can alert others to avoid it.
Get Off the Road
If the weather is dangerous, such as severe wind or hail, the conditions can damage your vehicle more or cause another accident. If possible, move your car to the side of the road.
Collect Evidence
If you can, take photos and videos of the scene and write down your recollection of what occurred. This includes pictures of the other vehicle’s license plate and damage from the crash.
Hire an Attorney
Speaking with a Columbia lawyer after getting into a vehicle wreck due to severe weather conditions is one of the best things you can do for yourself. They could ensure that all necessary information is documented to build a compelling case for compensation.
Determining the At-Fault Party
Understanding how to determine liability for car collisions in bad weather situations is essential. Various factors are beyond a person’s control. However, every driver in South Carolina owes a standard of care to others on the road.
That standard requires everyone to prevent harm to others by acting reasonably and responsibly, including taking precautions to avoid accidents when the weather is severe. Some examples of drivers taking these measures include:
- Reducing speed
- Keeping a safe distance from the surrounding vehicles
- Being extra cautious when visibility is limited
- Getting off the road when the weather is too severe
You must prove several factors to show that the at-fault party breached the standard of care and was negligent, including the following:
- The at-fault party had a duty of care to the plaintiff
- The at-fault party violated that duty of care
- The plaintiff suffered injuries
- Those injuries directly resulted from the at-fault party’s misconduct
Notably, South Carolina follows a comparative fault model. That means that, generally, plaintiffs cannot recover damages if they are more than 50% at fault for the crash that caused their injuries.
Depending on a jury’s determination, a plaintiff’s total financial recovery will be reduced based on their degree of contribution to the wreck, so long as it is below 50%. It is strongly recommended to hire a Columbia lawyer to handle your bad weather car crash case to help with the complex litigation process.
Hire An Attorney for Help With a Car Accident Involving Bad Weather in Columbia
The weather can be unpredictable. When you get into a collision due to the surrounding environment, you will likely have to deal with insurance companies and other drivers. Understanding the complexities of the legal process is essential; that is where having a knowledgeable lawyer proves helpful.
Call our tenacious team at Whetstone Perkins & Fulda today for help obtaining compensation for a car accident involving bad weather in Columbia.
