Drivers have a legal duty to use appropriate caution in hazardous weather conditions. Failure to do so is negligence. But it can be harder to prove negligence in bad weather cases.
The defendant will claim that it was an unavoidable accident due to conditions beyond their control. The insurance company you are up against may even go so far as to claim that the accident was an “Act of God” and, therefore, not covered. But drivers choose to get on the road in bad weather, and in doing so they assume the responsibility of using caution, of only driving in conditions they are competent to handle, and of driving a vehicle that is properly maintained and up to the task.
Beating the Act of God Defense
When you choose to go into this battle without legal representation, you need to understand that the defendant’s attorneys will feel that they can take advantage of you. In most car accident cases, you are up against the other driver’s insurance company and its team of dedicated lawyers who defend cases like yours every day and know all the tricks for standing between accident victims and the money they are entitled to.
While there are certain circumstances when the Act of God defense can be properly applied to a car accident, they are extreme events truly beyond a driver’s control. When a driver has the opportunity to avoid an accident by taking appropriate precautions, it is not an act of God. Driver’s are negligent when they:
- Drive too fast for the conditions, regardless of the posted speed limit
- Follow too closely for the conditions, failing to allow extra stopping distance as needed
- Drive distracted, no matter what the weather conditions
- Drive a vehicle that is not properly maintained, including driving with inadequate wipers or tires
You can protect your right to compensation by talking to an experienced car accident attorney right away. If your car wreck occurred in Shreveport or a surrounding area, please call the law offices of J. Ransdell Keene at 800-597-9247 or email us today to schedule your free consultation.