While it is known as the Sunshine State, Florida has its fair share of poor weather conditions. Many drivers may assume that extreme weather causes the most accidents. However, studies show that most accidents take place in the rain. If you were involved in a weather-related accident, our Miami injury attorneys can help. We understand this is a difficult time for you and your family, which is why you can expect the utmost compassion from the entire team
According to the United States Department of Transportation (DOT), 23 percent of vehicle crashes are weather-related. Additionally, 20 percent of crash injuries and 17 percent of crash fatalities are also weather-related. DOT defines weather-related crashes as those that occur in the presence of adverse weather or slick pavement conditions.
Heavy rain and high winds can impair a driver’s ability to see properly on the road. This is precisely why it is important to be extra cautious when driving in inclement weather. When a driver fails to drive carefully in such weather conditions, he or she may be liable for any resulting harm. If a driver causes an accident due to speeding excessively or inappropriately changes lanes when there is poor visibility, he or she will likely be deemed negligent.
Negligence is the failure to exercise reasonable care while driving. Reasonable care is defined as how a prudent person would behave in the same or similar circumstances. Thus, what is considered “reasonable” will differ according to the situation. For example, “reasonable” driving will consist of different actions depending on whether or not it is a sunny day or a rainy day.
In order to succeed on a negligence claim, the accident victim has to demonstrate the following elements. The defendant must have owed the plaintiff a duty to drive using reasonable care, the defendant must have failed to drive using reasonable care, the defendant’s failure to use reasonable care must have been the direct cause of the plaintiff’s harm, and the plaintiff must have incurred quantifiable damages. The plaintiff must show each element to recover damages.
It is important to note that poor weather conditions can also increase the likelihood of pedestrian accidents due to the reduced visibility.
A negligence claim must be filed within a certain time frame. In the state of Florida, a plaintiff has four years from the date of the injury to file a lawsuit. Failing to file within the statute of limitations could mean losing your right to take legal action altogether.
If a reckless driver has injured you in the Miami area, it is important to speak to an experienced car accident attorney who can examine the facts of your case. Accidents involving poor weather conditions can be complex, and having the right attorney on your side can make all the difference in your case. For years, we have helped South Florida clients obtain the compensation they deserve for their harm. Call us at 1-877-499-HURT (4878) or contact us online for a free consultation.
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