Who’s At Fault In an Accident Caused By Weather?

Determining fault after an accident is crucial in getting the compensation you deserve. But what happens when Mother Nature is to blame for your auto accident in Charleston, SC? Who is responsible for your medical bills and property damage when inclement weather turned your drive into a disaster?

According to the South Carolina Department of Public Safety, there is one vehicle collision every 3.7 minutes in our state – with bad weather or poor visibility among the top causes.

If you’ve been in an accident related to weather, the personal injury attorneys at Hoffman Law Firm can help! Contact our team today to get started.

Duty of Care 

Drivers assume a duty of care each time they get behind the wheel, ensuring they do all they can to avoid a traffic accident. Inclement weather or unsafe road conditions should elevate a driver’s duty of care. 

A driver may be held liable for a car accident due to weather for doing any of the following:

  • Not using windshield wipers or headlights
  • Driving with worn tires or windshield wipers
  • Driving while impaired, distracted, fatigued or drowsy
  • Failing to obey road signs, speed limit, etc.

For instance, if you choose to drive recklessly in a heavy downpour with bald tires, you are not upholding your duty of care – and may be held liable for your Charleston County car accident.

Determining Liability 

Before filing an injury claim with the insurance company, your accident lawyer in Charleston will investigate to determine if:

  • You were obeying the speed limit or driving at a speed appropriate for the road conditions.
  • You were keeping a safe distance between your vehicle and the one in front of you.
  • You could have taken simple steps to prevent the accident.
  • The poor weather conditions were forecasted, as opposed to an unexpected storm.

Your Charleston Car Accident Lawyers 

If you’ve been injured in a truck accident or car accident caused by weather, trust Hoffman Law Firm to help you get the compensation you are entitled to. We are proud to serve our friends and neighbors in Charleston, SC and the surrounding areas – including Mount Pleasant, Summerville and more! Get in touch today to schedule your free consultation!

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