Drivers are at risk of a collision when they operate their vehicles in poor weather. While it is best to avoid driving during heavy rain, hail, and snowstorms, some motorists can get caught up in these hazardous road conditions.
Unfortunately, not everyone acts responsibly behind the wheel or adjusts their driving to be safe during inclement conditions. When you or your loved one has been in a car accident involving bad weather in Aurora, you may have grounds to sue the at-fault party for compensation.
The seasoned car crash attorneys at the Law Offices of R.F. Wittmeyer, Ltd. could use their over 40 years of experience to help get you every cent you deserve. Call today to schedule an initial consultation.
What Duty of Care Do Drivers Have During Bad Weather?
No matter what the environment is like outside the car, everyone in the driver’s seat of a motor vehicle in Illinois has the same “duty of care,” requiring them to always act lawfully and responsibly behind the wheel.
If someone breaches their duty by breaking a traffic law and causes a crash as a direct result, they are legally negligent and can typically be held financially responsible for any harm they cause someone else to suffer as a result of that wreck.
If you encounter inclement weather or anything that reduces your traction or visibility while driving, you should slow down and be extra careful while proceeding. Proving that someone else failed to adjust for bad weather prior to being involved in an Aurora car crash may be enough to hold them legally responsible for the consequences.
Common Types of Bad Weather Conditions
Several forms of weather can be dangerous to drive in and put Aurora motorists at risk of a crash, such as:
- Heavy rainfall
- Hail
- Thunderstorms
- Fog
- Ice and sleet
- Snowstorms
When you have been injured in a crash, do not hesitate to speak with a compassionate personal injury attorney today. They could review your case, collect evidence, and determine if anyone’s negligence played a part in your accident. With this information, they could fight for a fair settlement on your behalf or take the case to court if necessary.
How Comparative Fault Could Impact Civil Recovery
Even if the defendant being sued is mainly at fault for a particular accident, the plaintiff may still be partially responsible through comparative fault.
Under 735 Illinois Compiled Statutes § 5/2-1116, courts can assign percentages of comparative fault to injured people based on the degree to which that person contributed to causing their own injuries through their own misconduct. As a result, this reduces the amount of compensation awarded to the injured person by that same percentage.
However, if an injured party is found to hold 51 percent or more of the total fault for their accident, they are ineligible to recover any compensation for their injuries, even if someone else was partly responsible for them.
Call an Aurora Attorney for Help with a Car Accident Case Involving Bad Weather
A car accident involving bad weather in Aurora can leave you with significant damages and losses. It may be wise to speak with legal counsel about pursuing compensation.
With help from the Law Offices of R.F. Wittmeyer, Ltd., you could achieve a favorable case result and protect your long-term best interests. Contact us today to schedule a consultation.