Can Bad Weather Affect Car Accident Liability in New Jersey?

People who drive too recklessly in adverse conditions are more likely to be found liable for an accident. Further, under New Jersey’s comparative negligence laws, a driver who is deemed to be more than 50% at fault for causing an accident will not be able to recover damages from another party.

If you have had a car accident in bad weather, you can better demonstrate that you were not at fault when you retain a skillful car accident lawyer. They have the knowledge and experience in representing victims in car accident lawsuits. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we have represented New Jersey victims for more than 45 years. Our legal team can show the extent of care exercised by our clients in bad weather. More importantly, we can demonstrate how liability for the accident should fall primarily on the other driver.

Maintain your vehicle and adjust your driving habits to accommodate bad weather

Drivers can take a few simple steps to reduce their liability in a car accident during bad weather:

• Make sure that tires are at their recommended air pressure and brakes are in good working order
• Maintain familiarity with how to use anti-lock brakes and other vehicle safety systems
• Remove ice and snow from all windows and exterior surfaces before heading out on the road
• Keep headlamps on at all times to improve visibility
• Reduce speeds and drive below the posted speed limits in wet or icy conditions
• Increase the distance between vehicles to allow for longer and slower stops
• Allow extra time for trips to reduce the temptation to drive too fast
• Regardless of weather conditions, avoid driving after any use of alcohol or other intoxicants

Hire an attorney who understands how bad weather affects car accident risk

When you are trying to recover damages from an insurance company after a car accident in New Jersey, the insurer might claim that your lack of care while driving in bad weather contributed to the accident. If, for example, you suffered $100,000 in damages, but the insurer considers you to be 40% at fault because you were driving too fast for prevailing weather conditions, they might offer only $60,000. A car accident attorney who understands how insurers assess collisions will know how to challenge their conclusions and argue for a more significant recovery.

If you and your legal team cannot settle the matter with an insurer and your case goes to trial, your relative liability in a bad weather will be determined by a jury. In this event, your attorney should have the skills and ability to use the facts about the accident to demonstrate to the jury how you altered your driving habits to accommodate the bad weather.

Call the New Jersey Personal Injury Lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. After Your Bad Weather Car Accident

We know how weather conditions can change rapidly in the Garden State and increase the risks that drivers are exposed to on the highways. Please see our website or call us to speak with one of our auto accident attorneys after you have suffered injuries in a collision that occurred during bad weather.  If you retain our services and we accept your case, we will fight to recover the full amount of damages you are entitled to receive given the facts of your accident.