Car accident claims are often overwhelming and complex. There are several uncertainties about what may come into play and what can affect your claim. Each traffic incident is unique, and you may wonder how or if the conditions of the scene will impact your ability to recover compensation.
Hiring an accident attorney to help you understand the relationship between the weather conditions present during the accident and your accident claim is recommended. Even if the accident occurred during poor weather conditions, you can still seek compensation if the injuries resulted from someone else’s careless or negligent actions.
All Drivers Must Adhere to the Duty of Care
According to Ohio law, every person on the road is bound by a duty of care that is owed to everyone else who is on the road. What this means is that you must take the proper steps to prevent any unnecessary harm to other people.
You can file a lawsuit against someone who maliciously or negligently failed to meet this obligation and caused harm as a result. This means that all drivers need to take additional precautions when they are driving in challenging conditions. This includes things like driving in heavy traffic, at night, or in bad weather.
A driver is considered negligent if they are distracted, intoxicated, or speeding while behind the wheel. However, there are other actions that may be considered careless when it is raining, foggy out, or snowing.
Some of the actions that are considered negligent in poor weather include the following:
- Driving a vehicle that’s not in safe condition for a slippery road
- Not having working windshield wipers
- Not having the lights on when visibility is reduced
- Driving too fast for the current weather conditions
The Comparative Negligence Law in Ohio May Apply to Your Case
If you have suffered a serious Car accident injury because of another driver who was reckless or negligent, you have the right to recover compensation. However, sometimes, you may share some level of the responsibility for the accident if it occurred in difficult driving conditions because of bad weather.
The comparative negligence law in Ohio states that a person can successfully sue for damages even if they have some blame for the accident that occurred. The law necessitates that a person’s compensation is reduced by their share of the responsibility for the accident. This means if the court determines you are 10 percent responsible for the accident, then the damages paid by the other person will be reduced by 10 percent. However, you are unable to recover additional compensation if it is determined that you hold more than 50 percent of the share of the responsibility for the accident and your injuries.
Get Help from an Car Accident Attorney
There’s no question that you may be a bit confused regarding how the weather conditions will affect your case. In some situations, the other driver may make the claim that you share a portion of the fault; however, you can still recover the damages you deserve if the driver is proven to be partly negligent.
This is a much easier process if you hire an Ohio personal injury attorney. They know the law and can ensure you receive the compensation deserved. For more information or help with your case, be sure to contact our legal team at Anzellotti, Sperling, Pazol and Small by calling (330) 792-6033.