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Rain, sleet, snow, or hail—no matter what is falling from the sky, it can both put a damper on your day and potentially make driving on Pennsylvania’s public roads much more dangerous. Even a little bit of standing water—let alone ice—on asphalt or concrete can greatly reduce traction for even the heaviest vehicles, and both skilled and unskilled drivers can find their vision severely limited by precipitation, fog, and everything else that a storm can bring with it.
With all that being said, everyone who drives during inclement weather still has the same duty of care they always do to act responsibly behind the wheel. That means they can still be held civilly liable for wrecks they cause by failing to abide by their duty, even if inclement weather played a role in the crash. If you were recently hurt in a car accident involving bad weather in Erie, you should strongly consider contacting an experienced auto accident lawyer to discuss filing a civil claim.
Proving Someone Else Was Negligent During Bad Weather
Keeping a vehicle under control can be harder under inclement weather than on a clear and sunny day. Still, that fact does not change the duty of care all drivers have under Pennsylvania law to act reasonably and responsibly behind the wheel. Furthermore, what qualifies as reasonable driving behavior can change a lot depending on the circumstances. As an example, someone driving on an interstate highway that they knew was covered in ice should also know that driving at high speed would be unsafe under those conditions, even if driving at that speed would not be a violation of the posted speed limit.
This is what most claims built around bad weather car crashes in Erie focus on: showing that the defendant driver acted irresponsibly under the circumstances, not necessarily that what they did would have been unreasonable no matter what.
Recovering Fairly for All Available Damages
Under Pennsylvania’s version of a no-fault car insurance system, virtually every car accident claim begins with the injured person seeking compensation through their own personal injury protection (PIP) insurance coverage first, and then by filing a claim against the at-fault driver’s liability insurance policy. After that, an injured person’s right to seek additional recovery through a lawsuit may be limited by what type of insurance coverage they have and how severely they were hurt in the wreck.
If civil litigation is possible after an auto accident in Erie involving bad weather, recoverable damages through an ensuing lawsuit may include various losses that insurance typically does not cover. In this type of scenario, guidance from a knowledgeable legal professional can be essential to getting a fair amount of money for things like lost work income, physical pain, and emotional anguish.
Talk to an Erie Attorney About Suing Over a Car Accident Involving Bad Weather
You would be hard-pressed to find someone who enjoys navigating a passenger car through pouring rain or any other type of inclement weather. Nevertheless, sometimes you have no other choice but to brave the elements in this way. In those situations, you have the same right that you always do to expect reasonable and lawful behavior from every other driver around you.
If you have been hurt in a car accident involving bad weather in Erie because someone else failed to respect that right, you have the right to demand compensation from them for the harm their misconduct has caused you. Call today to schedule a consultation and learn more about your legal options.
