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Weather/Road-Related Accident
Attorneys in Washington & Idaho

Bad weather can cause hazardous conditions on Washington and Idaho roadways. Roadways in poor condition can also pose hazards to those using them. If you are injured in an accident during bad weather or due to a dangerous road condition, you are likely wondering if you’ll be held liable for the accident, causing financial strain and possible injury. What are your next steps?

Who is liable in a weather-related car accident may be difficult to prove and make a personal injury claim difficult to pursue, but that doesn’t mean it is impossible. Pursuing a claim when bad weather or road conditions is a factor may be more challenging, but it’s one we at Perez & Perez Law PLLC have faced before.

We proudly serve and represent clients throughout the State of Washington, including: King County, Snohomish County, Pierce County, Thurston County, Kittitas County, Island County, and Spokane County. We proudly serve and represent clients in North Idaho, including: Kootenai County, Bonner County, Benewah County, Boundary County, Shoshone County, and Latah County.

How Does Fault Work ?

Washington and Idaho are an at-fault state for auto accidents, so any party whose negligence led to the crash is on the hook for compensating those injured or killed. The way victims and their families recover compensation is by establishing negligence in a personal injury claim or a wrongful death claim. If insurance companies refuse to settle claims for a fair sum, victims can file a lawsuit against the liable party in civil court.

Washington observes what is called the “pure comparative negligence rule.” That simply means that more than one party can be assigned fault for an accident, but can still pursue a claim. Any financial recovery is reduced by the percentage of fault assigned. So, if you are assigned 20% fault in a crash, you can still recover 80% of your damages from the other party.

Idaho observes what is called the “modified comparative negligence rule.” That simply means that more than one party can be assigned fault for an accident, but you can only pursue a claim if you are found to be less than 50% at fault. Any financial recovery is reduced by the percentage of fault assigned. So, if you are assigned 20% fault in a crash, you can still recover 80% of your damages from the other party.

How Does Weather Affect My Claim?

Everyone on the roadway owes everyone else a duty of care. That means drivers are expected to obey the rules of the road, traffic signals, and speed limits; yield the right-of-way; and follow all driving laws. When a driver gets behind the wheel, they are agreeing to be careful. When the weather is bad, they acknowledge greater risk but nonetheless owe everyone a duty of care.

When driving in bad weather, you must operate your vehicle safely, no matter what the posted speed limit is. Driving too fast – even if it is at or under the limit – could cause your vehicle to lose traction, slide or skid out of your lane, or render it unable to stop when necessary. So, if a driver is driving at the speed limit but is unable to stop at a red light and slides into your vehicle which is crossing the intersection with the green light, that other driver can still be held liable for the crash because they were driving too fast for the weather conditions.

Rear-end collisions and pile-ups are common occurrences during rainy, icy, and snowy weather. Driving safely in such conditions requires not only slowing down but also maintaining greater-than-normal distances between vehicles. Someone who crashes into the rear of your vehicle because they couldn’t stop in time cannot simply blame the weather. They were following too closely and as a result, can be held liable for your injuries.

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How Do Road Conditions Affect My Claim?

Most personal injury claims involving road conditions are made against a governmental entity because that entity is responsible for maintaining the safety of the roadway. Here are some of the common hazards to drivers:

Improperly placed cones, signs, and barriers by highway maintenance personnel
Major potholes or bumps with no warning signs
Deer or other carcasses that have not been removed from the roadway
Fallen trees
Crumbling pavement

Who can be held liable if they cause you to crash and you are injured? To pursue damages, hiring an experienced car accident attorney is wise because there are two major issues in these types of claims:

First, there are often limitations to a person’s ability to sue a governmental entity. There may be a much different process for pursuing a claim for damages against them. Moreover, your attorney must find the proper entity to sue. That isn’t always easy. For example, a state highway runs through a city. The roadway is maintained by the state but the municipality is responsible for clearing snow or treating ice on it. If the accident is due to crumbling pavement, the state is the negligent party. If the accident is due to snow or ice, the municipality is negligent.

Second, the burden of proving negligence is yours, just as in any other personal injury or wrongful death claim. However, the burden of proof is a high bar. For example, let’s say a tree in the roadway’s right-of-way falls suddenly into the road and you hit it, causing injury and damage to your car. If it fell as it was struck by lightning, there is no negligence. If it appeared to be healthy and fell, there is no negligence. However, if it was a dead tree the governmental entity responsible for it failed to take down safely, that entity was negligent.

The Importance of an Attorney

If all this sounds complicated, that’s because it is. Weather conditions and roadway conditions take the claims process to a whole new level. The best chance to prevail is to work with an attorney who has successfully represented clients in similar cases before.

Bad Weather & Road Condition
Attorneys in Washington & Idaho

Our personal injury attorneys at Perez & Perez Law PLLC have the experience you need to represent you in a bad weather or road condition claim.

Weather/Road-Related Accident Attorneys in Washington & Idaho