Every year, roads around the country get filled with ice, snow, and other winter-related hazards. The frigid weather can have an adverse effect on road safety for a number of reasons. Drivers do not often operate their vehicles as responsibly in the snow, the roads themselves make it harder to control vehicles, and other environmental conditions can make it harder to see or do other important things while driving. Moreover, snow is not particularly common in southern states like Georgia, so drivers are not accustomed to driving in snowy conditions. For these reasons, many car accidents happen in Georgia during the winter months when it does snow.
If you are considering filing a car accident lawsuit and you suspect that the accident was caused by ice and snow, you may be wondering who you should file against. You can’t sue the weather, after all. The answer is that it will depend on the unique facts of your case. Some common targets of these kinds of claims would include drivers, entities responsible for road maintenance, and car companies.
For a cost-free, no-obligation analysis of your case, call our team of Georgia car accident lawyers from Howe Law by dialing (844) 876-4357.
How Fault Changes for Car Accidents in Snowy and Icy Weather in Georgia
In Georgia, the party responsible for the car accident is the one that pays damages. However, bad weather like snow and ice can make it tougher to determine who is responsible for an accident or if anyone is responsible at all.
To prove that a party is responsible for a car accident, you have to prove that they were negligent. In law, “negligence” means that they violated a legal duty. In some cases, this comes from what is reasonable based on the given scenario. In others, a specific law – like our laws against speeding or drunk driving – creates the duty.
What adverse weather conditions do to the calculus is add more potential problems that a reasonable driver must contend with. You cannot speed, but you also have to drive reasonably even if that means going slower than the speed limit at times. In fact, O.C.G.A. § 40-6-180 specifically says that you must make your speed “reasonable” when weather conditions and other “special hazards” are present. This statutory duty overrides any general “reasonableness” obligations, as well as the specific posted speed limit, when bad winter weather is present.
How to Tell Who is Responsible for Georgia Car Accidents in Snowy Weather
Georgia uses what is called a comparative fault system when determining negligence. That law is detailed in O.C.G.A. § 51-12-33. Under that system, a plaintiff’s damages are reduced based on how much they contributed to the accident taking place. So, for example, if a plaintiff is found to be 20% at fault for their accident, their damages are reduced by 20%. The jury decides how much to reduce damages by. Additionally, If a plaintiff is found to be 50% or more at fault for the accident, they are not able to collect any damages at all.
For that reason, it is very important that you take steps to make sure that you are driving safely in cold, snowy weather, as failure to do so can reduce your damages or make you unable to collect them entirely.
Who Can I Sue for a Winter Car Accident in Georgia
When a car accident happens, you may be thinking about who you should file your claim against more than anything else. Indeed, suing the right party is critical to any successful lawsuit. Additionally, plaintiffs frequently want to file against multiple parties. For that reason, it is important to know our Georgia car accident lawyers will file your lawsuit against and why.
The Driver Who Hit You
Most obviously, you should file a claim against the driver who injured you. If you can prove that they were negligent through ordinary careless driving habits or by not driving as they should in bad, snowy weather, you can get damages from them.
Manufacturers of Automobile Parts
Depending on the circumstances of your lawsuit, you may be able to sue various companies for having a role in your accident. For example, if a driver was using tires that were advertised as rated for snowy weather, but they were – based on their design or through some fault – not effective at providing the traction required, you may be able to sue the tire manufacturer.
Government Entities
State and municipal government entities are responsible for keeping Georgia’s roads clean and safe. Part of that responsibility is doing their best to make sure that roadways are not replete with snow and ice. Depending on the circumstances of your accident, you may be able to take these entities to task for contributing to your injuries.
However, it is important to note that there are special rules for suing government entities. A case brought against a government entity is frequently much tougher for plaintiffs because there are a lot of extra things that need to be taken into account when filing a lawsuit against the government, so it may be better to target some of the independent contractors they employ to deal with road work in snowy weather.
Dealing with Insurance Companies After Georgia Winter Weather Car Accidents
Even when pursuing a car accident lawsuit, plaintiffs will often also have to battle with insurance companies after a car accident. In Georgia, the insurance of the driver responsible for the accident is required to cover the costs related to the accident. For that reason, it is in the insurance company’s best interest to find a way to exonerate their client and place the blame for the accident somewhere else.
The other driver’s insurance will likely draw attention to how the snowy weather conditions were making it difficult for all drivers, not just their clients. They may even insinuate that you did something to cause the accident by driving irresponsibly in snowy weather.
You need to be aware of everything you say to an insurance company after a car accident – especially after one involving snowy weather. They are keenly listening to every word in order to protect their client. Even something like, “It was hard to drive in the snow,” may be used to try to impart some liability to you instead of the other driver. For that reason, it is often better to have our Georgia car accident lawyers talk to these companies on your behalf or at least be present when you interact with them.
How to Handle a Car Accident in Winter Weather in Georgia
There are some important things that you need to do after any car accident. However, there are some additional steps that you should take after an accident in snowy weather that are important to proving liability and making your claim better.
Get Medical Attention
As with all car accidents, the most important thing for you to do after a crash is to get medical attention. Depending on how much snow and ice is on the road, it may take longer than normal for first responders to get to the accident, so you should not meander away if you are able to do so.
Once EMTs and other first responders do get there, follow all of their instructions. If you need to be taken to a hospital, then that is where you are going to go. However, if you are able to stick around near the accident, there are other things you can and should do after a winter car accident.
Collect Information About the Accident
If you are able to stay near the accident, you should collect as much information as you possibly can. Take a lot of photos and videos of the accident and the surrounding area – especially ones displaying the bad weather. This is useful in all car accident cases, but for cases where wintery weather is a factor, photo and video evidence are incredibly useful for demonstrating the weather conditions at the time of the accident.
It is also a good idea to write down an account of the accident right after it took place if you can. Be sure to include a description of the inclement weather at the time of the accident.
Additionally, talk to any witnesses that are nearby, as they may be able to testify on your behalf in court as to your conduct, the other driver’s conduct, and the weather conditions present. For example, they could talk about their experience driving through the same conditions in order to show that the defendant was not acting as a responsible driver should.
Call Our Lawyers
After the proverbial dust -or snow – has settled, you need to talk to a lawyer as soon as possible. This is not just because it is beneficial to us when working on your case but also because you have a limited amount of time to file your claim. Under O.C.G.A. § 9-3-33, you have two years from when you are injured to file your claim. When one takes into account recovery time after an accident, this is not a lot of time to file a claim, so you need to act quickly.
Driving Safely in Georgia Winter Weather
When it gets cold and icy on the roads, it is important to remember how to operate a vehicle safely in these conditions. This is important not just for your personal safety but to limit any potential liability should an accident happen. Canny defense attorneys and miserly insurance companies will be looking for any excuse to make it look like an accident is really your fault, so the more prudent, safety-conscious things you are doing, the harder it is for insurance companies and defense lawyers to work against you. Below, our Georgia car accident lawyers have compiled a list of handy tips that you can use to drive safely on Georgia’s roads in the winter months and avoid liability.
Use Appropriate Tires
If you are considering driving in snowy or icy conditions, it is very important to make sure that your tires are up to the task. Ensure that your tires are rated for snowy and icy conditions. Always examine your tires and make sure they are safe and rated to drive on snow or ice.
Check Your Drive System
As motor vehicle technology has gotten better, more and more cars have all-wheel drive. This system powers all four wheels when the vehicle is in motion. However, many older vehicles, and some newer ones, will only have two-wheel drive, where only one set of wheels powers the car.
All-wheel drive is superior when traveling through snow and ice, as it offers you greater control of the vehicle, and it is less likely to get hung up on things. If you do not have an all-wheel drive vehicle, consider working from home if you are able or finding alternate transportation.
Drive Slowly
Arguably, the most important tip for driving through snowy conditions is to drive more slowly than you normally would. To be frank, nobody is as good at driving through snow as they are in ideal conditions. Drivers are already prone to making more mistakes when they drive quickly, and that risk is increased when driving in the snow. For that reason, it is best to follow speed limits closely or even drive under them when it is snowy and icy on the roads.
Have a Chat with Our Georgia Car Accident Lawyers Today
To get a free review of your case from our Georgia car accident lawyers, call Howe Law today at (844) 876-4357.
