Winter Car Accidents

No one can control the weather, but people can control how they drive when bad weather is an issue. Unfortunately, however, many people do not adjust their driving in winter weather conditions, and the combination of inclement weather and reckless driving frequently leads to collisions. If you were involved in a winter car accident, it is in your best interest to consult an attorney to discuss whether you may be able to recover compensation for any injuries you sustained in the crash. Howard Leopold of Leopold Law, L.L.C. is a seasoned Bergen County personal injury attorney who can assess the circumstances surrounding your accident and advise you of your options for pursuing damages.

Winter weather conditions can make it difficult to navigate a car safely. For example, fog can reduce visibility, making it difficult for drivers to see the road ahead or other vehicles. Similarly, snow can make it difficult for drivers to see where they are going and frequently makes roadways slippery, which can make it challenging to control vehicles. Ice can also make driving perilous, as it makes road surfaces slick and often is not easily visible, and drivers may not be aware that ice is on a road until it is too late. When drivers fail to remove snow and ice from their vehicles properly, it can not only impede their view but can detach from the car and strike another vehicle, which can cause a collision.

When a person suffers injuries in a winter car accident, a variety of factors will affect whether the person can recover compensation and who may be liable for the person’s harm. Regardless of the underlying cause of a crash, to recover damages in a winter car accident lawsuit, a plaintiff will generally have to prove the defendant’s negligence. In New Jersey, this requires the plaintiff to demonstrate that the defendant owed the plaintiff a duty to act with reasonable care in consideration of the circumstances but that the defendant’s behavior constituted a breach of the duty owed. The plaintiff must also show that the breach caused the plaintiff to suffer measurable harm. In other words, in a car accident case, the plaintiff must show that the defendant’s actions or failure to act, caused the accident, and if the accident had not occurred, the plaintiff would not have been injured.

If the defendant is a driver involved in the accident, they may argue that the accident was caused by the weather and not negligent driving. In such cases, the plaintiff will have to obtain evidence showing that the defendant’s driving was unsafe, given the weather conditions, and therefore, the defendant’s driving was the actual cause of the accident. For example, if the plaintiff can show that the defendant was driving too fast for the conditions present at the time of the accident or following too closely behind another driver, the plaintiff may be able to establish liability. Similarly, if the defendant did not take steps to ensure they had adequate visibility prior to driving, such as defrosting or clearing their windshield, the defendant may be deemed negligent as well.

In some lawsuits arising out of weather-related car accidents, the entity responsible for designing or maintaining the road where the accident occurred will be named as a defendant. For example, if the roadway was poorly designed, resulting in the pooling of water or patches of ice, the party that designed the road may be found to be negligent. Likewise, if a party that bore the responsibility of clearing ice or snow from a road failed to do so in a timely manner, it may constitute negligence as well.

Car accidents frequently occur during snow and ice storms, but winter car accidents are usually brought about, at least in part, by negligence. If you were injured in a winter car crash, it is prudent to confer with an attorney to discuss what damages you may be able to recover. Howard Leopold of Leopold Law, L.L.C. is a Bergen County personal injury attorney dedicated to helping people injured in weather-related car accidents in New Jersey pursue compensation for their harm, and if you engage his services, he will zealously advocate on your behalf. Mr. Leopold has offices in Hackensack and New York City, and he regularly assists parties in lawsuits arising out of winter car accidents in Bergen County and cities throughout Hudson, Passaic, and Essex Counties in New Jersey, and Bronx, Richmond, Kings, New York, Queens, and Rockland Counties in New York. You can contact him via the online form or at his New Jersey office at (201) 345-5907 or his New York office at (646) 650-2106 to set up a confidential and free conference.