Winter Car Accidents: Protect Your Rights and Seek Compensation

According to the US Department of Transportation, car accidents tend to increase by 24 percent in the wintertime due to snow, ice, and rain. However, it is possible to avoid these accidents if drivers stay aware of their surroundings and exert caution while driving. If you or your beloved has been involved in a car accident this winter, contact Morgan & Morgan for a free case evaluation. A member of a client intake team will evaluate your case to determine whether it is valid. Then, if you have a valid case against the other party, we will take every step necessary to get you the compensation you deserve.

At Morgan and Morgan, we understand how painful it is to nurse injuries caused by a car accident. It is even worse if the accident occurred due to negligence. Bad weather, such as snow and ice, is not an excuse for reckless driving. So if you are a victim or know someone who is, we can help. All you need to do is fill out our free case evaluation form. 

What Are Some Common Causes of Car Accidents in Winter?

The winter season can be one of the most dangerous times to drive. This is because snowy conditions, slick roads, and icy temperatures increase the risk of accidents. Some of the most common causes of car accidents in the winter include the following:

• The presence of snow or ice on roads
• Vehicles going too fast for weather conditions
• Failure to use winter tires
• Failure to clear ice from a vehicle's windows
• Skidding due to lack of traction
• Visibility problems due to fog or snow blindness
• Distracted driving

What Should I Do if I Get Injured in a Car Accident in Snow?

Immediately after the accident, it is vital that you seek medical attention. This applies even if your injuries do not seem that serious initially. Some injuries, such as internal bleeding and whiplash, usually take time to show their symptoms, which is why you need immediate medical attention. Remember, it is much better to be safe than sorry.

Next, document any evidence you may have of the accident, including photos, videos, and witness statements. Knowing the weather conditions during the crash can be very important for your case. Keep in mind that snow and ice tend to clear after some time, so it is crucial to document the accident scene as much as possible.

Then, contact a Morgan & Morgan car accident lawyer to determine if you have a valid claim to pursue the necessary compensation.  

Who Is Liable for a Car Accident in Winter?

Figuring out who is liable for a car accident in winter can be complicated. For this reason, the issue of liability will hugely depend on the circumstances of your case.

In most cases, the person who caused the accident will be liable for all, if not most, the damages and losses that occurred. This is especially true if they were negligent, such as using their cellphone while driving or speeding despite the terrible road conditions, among other common causes of car accidents in the winter we discussed earlier.

However, if the road conditions were poor due to ice or snow, both parties might be liable for the accident. Speaking to an experienced attorney from Morgan & Morgan can help determine who is at fault in your situation.

What Should I Not Say After a Car Accident?

After a car accident, it's very important to think carefully about what you say at the scene. Even seemingly innocent comments can be used against you later on, so it's best to avoid making any statements discussing liability. It is also important not to apologize or accept fault for the accident as these can be construed as an admission of guilt.

Understandably, you may feel confused after a car accident, prompting you to make certain mistakes that could jeopardize your claim. Other than being careful about what you say at the accident scene or after that, you should also keep the following in mind:

• Insurance claims adjusters only care about the insurance company and their best interests. For this reason, do not be deceived by their kindness or friendliness.
• Do not sign any document, especially if you do not know what it entails. Instead, contact an attorney to understand your rights.

• Do not provide any recorded statement to the other party, especially without consulting a lawyer.

   

Can the Insurance Company Refuse to Settle My Car Accident Claim?

Yes, insurance companies sometimes deny claims or attempt to settle for lowball offers. Some insurers may deny claims out of bad faith, which is illegal, while others may have valid reasons, such as:

• The insured is not liable for the accident.
• The claimant did not notify the insurance provider about the accident in time
• The claimant did not seek medical attention but still claims medical expenses  
• The claimant did not follow the right filing procedure

Given that insurance providers can deny claims for various reasons, it is always advisable to consult an attorney as soon as possible to protect your claim.

What Damages Can I Recover After a Car Accident?

Depending on the specifics of your case, you can recover damages for medical expenses, lost wages, pain and suffering, and property damage. And if the accident occurred due to extreme negligence, your attorney might be able to convince the court to award you punitive damages. These damages are designed to punish the defendant and warn others against such conduct.

How Do I Prove Liability After a Car Accident?

Proving liability after a car accident often requires an experienced attorney to gather the necessary evidence, such as police reports, photos, videos, and witness statements. In addition, the case must meet all the elements of a personal injury claim.

There are four critical elements of a personal injury claim. They include:

• The defendant owed the plaintiff a duty of care—for example, all drivers are required to drive safely in the winter.
• The defendant breached their duty of care—think of a situation where the at-fault driver was speeding or using their cell phone while driving.
• The plaintiff was injured due to the defendant's breach of duty of care (negligence)
• The plaintiff suffered damages due to the defendant's negligence.

Where Do I File a Claim After a Car Accident?

If you have been injured in a car accident, the first step is to contact an experienced car accident lawyer from Morgan & Morgan before filing a claim. We will discuss your case and assess any potential damages for which you may be entitled to compensation. We can then help you decide the best course of action, whether settling out of court or filing a lawsuit. With our team of experienced lawyers on your side, you can rest assured that all angles will be covered.

Can I Still Recover Damages if I Was Partly at Fault for the Accident?

Yes, although your damages may be reduced depending on the extent of your fault. The legal principle of comparative negligence allows you to still recover from an accident that you were partly at fault for, but your recovery will be reduced proportionally to your percentage of fault.

Keep in mind that some states follow the contributory negligence legal doctrine. In such states, you may be barred from recovering compensation even if you were only 1% at fault for the accident. As of 2022, only four states follow this controversial legal doctrine. They include Alabama, Virginia, North Carolina, and Maryland.

How Common Are Car Accidents in Winter?

Due to hazardous road conditions, car accidents tend to increase during the winter months. Ice and snow can cause the roads to become slippery, and visibility can be reduced due to fog or snowfall. To put things into perspective, let's look at some shocking statistics on car accidents during the winter, per the US Department of Transportation.

• More than 900 people die in the US every year due to car accidents on snowy roads
• Snow and ice account for 24 percent of all weather-related accidents in the US
• Over 76,000 people are injured every year due to car accidents on snowy roads
• The DOT spends at least 20 percent of its budget on maintaining roads during the winter
• States and local government agencies spend more than $2.3 billion every year on snow and ice control operations

How Does Snow Lead to Car Accidents?

Snow can lead to car accidents in several ways. Poor visibility caused by heavy snow or thick layers of ice is one of the leading causes of car accidents. Additionally, icy roads create a slippery surface, resulting in decreased traction and driver control, contributing to accidents. Finally, snow pile-ups caused by poor road maintenance can lead to hazards for drivers who may not expect them to be there.

Can Poor Weather, Such as Snow, Prevent Me From Recovering Damages in a Car Accident?

Generally, poor weather conditions such as snow are considered a "force of nature" in car accident law, so you should still be able to recover damages for your losses. However, depending on the circumstances of the accident, it is possible that inclement weather could limit liability. This explains why it is vital to contact an experienced car accident attorney for a case review before filing a claim or lawsuit.   

How Can a Car Accident Lawyer Help if I Get Injured in Winter?

A car accident lawyer can provide invaluable support if you get injured in a winter car accident. They will be able to guide and advise you throughout the legal process, helping you to receive the best compensation possible for medical bills, lost wages, and more. An experienced car accident lawyer also knows how to deal with insurance companies, protecting you from the tactics these companies use to avoid liability or jeopardize claims. 

What Are Some Characteristics of a Good Car Accident Attorney?

When looking for a car accident attorney, it's important to ensure they:

• have experience in pursuing and winning car accident cases;
• have the resources to fight for you;
• understand the laws in your state:
• have a track record for success:
• are committed to helping you get justice and compensation for your injuries; and
• will be available when you need them.

What Is the Statute of Limitations for Filing a Car Accident Lawsuit?

Every state has a specific statute of limitations that defines the period in which you can file a car accident lawsuit. Generally, this window ranges from two to six years, although some exceptions may exist.

For this reason, it is important to understand how long you have before filing a lawsuit to avoid missing out on your right to take legal action and get compensation for your losses or injuries. In other words, the sooner you contact an attorney to fight for you, the better your chances of beating these deadlines.

Why Morgan & Morgan?

There is no doubt that many car accident attorneys offer legal advice and representation for the injured throughout the country. But there is only one Morgan and Morgan. Here is why we are different.

Morgan and Morgan is the country's largest personal injury law firm, serving clients from coast to coast. So whether you have been injured in a car accident in New York during winter or in Lansing, Michigan, there is always a Morgan & Morgan attorney nearby, ready to fight for you.

We also have a solid track record of winning. To put things into perspective, we have helped our clients recover over $20 billion as compensation for various injuries, including car accidents, so far.

In addition, we have powerful legal resources, including an army of over 1,000 injury attorneys, a paralegal team, experts in different fields, and so on. With such powerful resources, you can rest easy knowing that your case is in safe hands.

Let the Nation's Largest Injury Firm Fight for You

Do car accidents increase in the winter? They do, and if you or your beloved has been injured due to negligence, we may be able to fight for you. But, to do so, we must first determine whether you have a valid case against the other party. So fill out our free case evaluation form today. The fee is free unless we win.