You’re driving down a snowy highway, taking a gentle curve, when the car suddenly whips to the right. You pull the wheel back, but that sends you fishtailing across the road. You collide with another car, forcing both of you onto the shoulder.
Who’s to blame here? Are you liable for a crash caused by bad weather?
Accountability and The Weather
It is your responsibility to drive safely, regardless of the weather conditions. It doesn’t matter if you’re facing a whiteout with 2ft visibility, driving safely should be your top priority. If you believe it is too dangerous to drive, you should pull over until conditions change.
It’s tempting to think sliding on ice or getting caught in a blizzard is an “act of God.” Insurance companies almost never see it that way. If the weather caused a spinout or locked brakes, it is usually attributed to driving too fast or using improper driver technique for the weather.
Damages and Fault
New Hampshire is a comparative fault state, meaning that everyone involved in the crash is assigned a percentage of fault adding up to 100%. No matter the conditions, the weather is not assigned a percentage of fault.
Under the law, it is your responsibility to drive safely, regardless of the conditions. If you can’t see or if the roads are too dangerous to continue, the best thing you can do is pull over and wait. If you try to power through and end up in a crash, you’ll most likely be found at fault and will find it very difficult to claim compensation for damages.
If you or someone you love suffered serious injuries in a winter car crash, you need a firm that can offer the personal attention you deserve! If you’d like to schedule a free case consultation with an experienced New Hampshire car accident attorney from Upton & Hatfield, LLP, don’t hesitate to call (603) 716-9777 or send us an email.