Hopefully, this winter will be as mild and uneventful as last winter in Wisconsin. However, if it is a typical winter we will experience snow, freezing rain, melting and refreezing and more snow. With this inclement weather comes more car accidents. The best advice for all of us is to drive cautiously in inclement weather to avoid causing a car accident and keep especially close look out for the other drivers to avoid collisions with them. Unfortunately, accidents happen and statistically they happen more frequently in bad weather. Every year I receive a phone call from someone or am talking to somebody at some social event and a statement is made to the effect that “well, the accident couldn’t have been avoided because of the bad weather”. Another common phrase is “after all, it was snowing so what could the driver had done?” Those statements lead me to believe that people think that perhaps a negligent driver can blame the weather on causing the accident and escape liability. Unfortunately, some insurance companies are of the same opinion and use the phrase “act of god” or “unavoidable accident”. However, the law does not give a break to a driver who causes an accident and injures another because it was in bad weather.
If it is snowing and the roads are slippery a driver has a duty to slow down and drive a vehicle at a speed limit that is slow enough to avoid losing control of their vehicle. If the roads are slippery the driver has a duty to slow down and apply their brakes in advance of the stop sign to avoid sliding through the stop sign and crashing into another. The law says that you have to drive the speed that meets the conditions which means drivers need to slow down and take extra precaution in inclement weather.
Of course, there is always the situation where an accident could not have been avoided. Those are extremely rare. Generally automobile accidents are caused because of a driver’s negligence. If you or a loved one have been injured in an accident whether caused by slippery conditions in the winter or otherwise and have questions about a claim, your injuries or who was at fault please contact me for a no cost, no obligation consultation. Remember, timing is essential and to achieve the best results you need to hire an experienced personal injury attorney as soon after an accident as possible. Many times, it is important to investigate the cause of the accident. Whether conditions change, witnesses move away, roads are changed and reconstructed on a regular basis. We handle these cases on a contingency fee basis which means there is never a payment for fees unless and until there is a recovery. I have represented people who have been injured from negligence in car, pick-up truck, semitrailer, motorcycle, etc., accidents for more than 27 years. Our firm represents people and not insurance companies or corporations. We do all that we can to help you get the damages you are entitled. Please feel free to contact me in our Madison office at (608) 824-8540, Baraboo office at (608) 356-3961 or statewide at (866) 455-2993. Please feel free to check out our website for more information at https://khtlawyers.com.
- What You Need to Know About SECURE Act 2.0 - March 30, 2023
- Show Your Love by Creating an Estate Plan - March 15, 2023
- What Happens When You Don’t Trust Your Trustee – Part II - March 7, 2023
By Appointment Only
All Mail Should be Directed to the Middleton Address