Can I File For Personal Injury If The Winter Weather Was Partially At Fault?

car accident attorneysMotor vehicle accidents make up a large number of personal injury lawsuits every year, up to 52%. Considering there are 6 million motor vehicle accidents annually in the U.S. and that 1.2 million people die in car accidents worldwide, the high percentage may not be all that surprising.

However, with the Georgia weather unexpectedly cooling down and the Peach State seeing its own fair share of flurries, drivers may be wondering if they’re able to file a lawsuit under the state’s personal injury laws. Can a driver sue another driver for personal injury if the winter weather is the cause of the accident?

Personal Injury On The Road: Winter Weather An insurance company may be quick to assume a motor vehicle accident was unavoidable, especially in sunny Georgia where slick winter conditions aren’t the norm. However, you may be able to file for personal injury on the basis of negligence if your car accident attorneys are able to provide the evidence.

For instance, a defendant can’t be held liable for personal injury if the plaintiff is at equal fault for the collision. However, if the defendant failed to exercise care on the road, the plaintiff may be able to use negligence as the basis for their lawsuit.

Possible evidence of negligence on the road during the winter weather includes:

    • Driving during a travel advisory
    • Improper maintenance of a motor vehicle
    • Driving recklessly
    • Failure to use headlights
    • Failure to use windshield wipers
    • Failure to follow the speed limit
    • Failure to slow down at turns

You may not be able to file a personal injury lawsuit against another driver if both of you are at fault for the accident. However, if your car accident attorneys are able to uncover evidence of negligence, you may be able to win your case.

If you or a loved one have been involved in an accident and you believe the other driver may be at fault, you may be able to file a car accident claim on the basis of negligence. For more information and legal advice, contact the personal injury attorneys at the McMahan Law Firm today.

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