New England’s unpredictable weather, including heavy snowfalls, icy roads, torrential rains, and thick fog, creates hazardous driving conditions throughout the year. These challenging elements raise an important question: How does weather impact car accident liability?
At Kiley Law Group, we’ve seen firsthand how weather-related crashes complicate legal claims. If you’ve been in an accident during bad weather, it’s crucial to understand how liability is determined and what your options are for pursuing compensation.
Liability in Weather-Related Car Accidents
While bad weather can contribute to an accident, it doesn’t automatically excuse a driver from responsibility. In Massachusetts, New Hampshire, and across New England, car accident liability is primarily based on negligence. This means that if a driver fails to exercise reasonable caution given the road conditions, they can still be held liable.
For example, if a driver is traveling too fast for icy conditions and rear-ends another vehicle, they can still be at fault, even if the ice contributed to the crash. Courts and insurance companies assess whether the driver took appropriate precautions, such as:
- Reducing speed in poor visibility or on slick roads
- Using headlights and hazard lights when necessary
- Maintaining a safe following distance
- Properly clearing snow and ice from their vehicle before driving
Failing to take these precautions can result in a driver being found negligent, even if the weather played a role in the accident.
Comparative Negligence in Massachusetts
Massachusetts follows a modified comparative negligence rule, meaning a driver can still recover damages if they are less than 51% at fault for the accident. However, their compensation is reduced based on their percentage of fault.
For instance, if a driver is found 20% responsible because they were going slightly too fast for snowy conditions but the other driver was 80% at fault for running a red light, the first driver could still recover 80% of their damages.
This is why having an experienced attorney on your side is essential. The team at Kiley Law Group will work to ensure the fault is properly assessed so you can recover the compensation you deserve.
Comparative Negligence in New Hampshire
Similar to Massachusetts, New Hampshire follows a modified comparative negligence rule. In the Granite State, a driver can recover damages as long as they are not more than 50% at fault for the accident. If a driver’s fault exceeds 50%, they are barred from recovering any compensation.
For example, consider a scenario where a driver is found to be 40% responsible for an accident because they were driving slightly too fast for snowy conditions, while the other driver is 60% at fault for failing to yield. In this case, the first driver could recover 60% of their total damages. However, if the first driver were found to be 55% at fault, they would be unable to recover any compensation under New Hampshire law.
This underscores the importance of having an experienced attorney who understands New Hampshire’s comparative negligence laws. The team at Kiley Law Group is dedicated to ensuring that fault is accurately assessed, helping you pursue the compensation you deserve.
How Insurance Companies Handle Weather-Related Accidents
Insurance companies often try to use bad weather as an excuse to deny claims, arguing that conditions, not their policyholder’s negligence, caused the accident. However, just because roads were slick or visibility was low doesn’t mean another driver wasn’t responsible.
If you’re dealing with an insurance dispute after a weather-related crash, Kiley Law Group can help push back against unfair claim denials and fight for your rights.
What to Do After a Weather-Related Car Accident
If you’re involved in a car accident during bad weather, take these steps to protect yourself and strengthen your claim:
- Call 911: Report the accident and ensure medical help is on the way if needed.
- Document the Scene: Take photos or videos of the weather conditions, vehicle damage, and road hazards.
- Exchange Information: Get the other driver’s contact and insurance details.
- Seek Medical Attention: Even if you feel fine, injuries may surface later.
- Contact a Lawyer: Speaking with an attorney early can help ensure your rights are protected.
Get Legal Help from Kiley Law Group
If you’ve been in a car accident during bad weather in Massachusetts or New Hampshire, you don’t have to navigate the legal process alone. At Kiley Law Group, we have over 50 years of experience helping accident victims get the compensation they deserve. We know how to counter insurance company tactics and prove liability, even in complex weather-related cases.
Call us today at (978) 965-3228 or visit tomkileylaw.com to schedule a free consultation. Let us fight for you while you focus on recovery!
