Can Weather Conditions Be to Blame for an Illinois Car Accident?

 Posted on October 23, 2020 in Personal Injury

The Federal Highway Administration reports that in the 10-year period from 2007 to 2016, weather was a factor in 21 percent of all vehicle accidents, 19 percent of all crash injuries, and 16 percent of all crash fatalities in the United States. It is clear that weather plays a significant role in car accidents, and as the late fall and winter months approach in Illinois, wind, rain, snow, sleet, and hail can make driving conditions increasingly dangerous. If you are injured in an accident during inclement weather, it is important to know how it may affect your claim for compensation.

Weather Is Not an Excuse for Negligence

Although weather conditions can make driving more dangerous and increase the chances of an accident occurring, in most accidents involving two or more vehicles, a driver may still be considered negligent despite the weather’s impact. Negligence is defined as a situation in which one party owes a duty of care to another and fails to uphold it, thereby causing injury or other damages. When weather conditions are poor, drivers have a duty to take the necessary precautions to ensure they are driving safely, which may include:

• Reducing speed
• Leaving more space between vehicles
• Allowing more time to stop
• Paying special attention to the surroundings
• Making sure tires, brakes, lights, and windshield wipers are in working order and equipped for the weather conditions

If a driver fails to take these precautions and that failure is determined to be the cause of an accident, anyone who is injured may have a claim for compensation.

Pursuing a Personal Injury Lawsuit

It can be challenging to make a case for compensation if you were injured in an accident during inclement weather, so your best chance of success is to hire a skilled personal injury attorney as soon as possible after the crash. In these cases, presenting a strong argument for another party’s negligence is especially important, and your lawyer can help you collect the evidence you need to make your case. You should try to take pictures and video of the accident scene and the surrounding weather conditions, as well as talk to witnesses who can provide testimony. Expert witnesses may also be helpful to speak to whether the at-fault party was driving unsafely for the conditions at the time. Of course, evidence of any other negligent behavior, including drunk or distracted driving, can also be crucial.

Contact a DuPage County Personal Injury Lawyer

Our experienced attorneys at Mevorah & Giglio Law Offices have an in-depth understanding of all of the factors that may contribute to a car accident, and we will advise you on an approach to pursuing compensation that reflects the unique circumstances of your accident. Contact a Lombard personal injury attorney today at 630-932-9100 to schedule a free consultation and start the process of obtaining the compensation you need to recover.