With so many risks involved, drivers have an increased duty of care toward other road users—and if they fail in this duty, they can be held liable for damages caused by the crash. Our car accident attorneys explain how to establish another driver’s negligence to get the payment you need for medical bills and lost income.
Common Causes of Car Accidents in Fog
If you are the victim of a car crash, you must prove that another person was at fault to obtain compensation. However, several factors make it more challenging to get that financial support if the crash happened in bad weather.
First, witnesses to the accident are less likely to have clearly seen what happened. Second, the at-fault party’s insurance company may attempt to blame the weather instead of admitting that their driver could have made a mistake. Finally, to determine the cause of the accident, your attorney needs as much evidence as possible. Getting that evidence may be difficult if the other driver made repairs to the car or any available video footage has been erased.
How to Establish Liability Due to Negligence
- Driving too fast for conditions. Drivers are expected to adjust their speed based on the weather, the road surface, the amount of traffic, and other conditions. A driver traveling at high speed is less likely to see an object ahead of them until it’s too late to avoid it or stop in time.
- Reckless driving. Traveling in fog is dangerous enough without the added hazard of tired, drunk, or drug-impaired drivers. Even if all road users are alert and sober, failure to maintain their vehicles can place other drivers at risk. Your attorney should examine the crash report and both vehicles to determine if bald tires, burned-out taillights, broken windshield wipers, or other vehicle defects could have contributed to the crash.
- Failing to improve visibility. When visibility is reduced, it becomes more difficult for drivers to see other vehicles, pedestrians, and potential hazards on the road. Drivers could be seen as negligent if they fail to use their fog lights or low-beam headlights or activate the windshield wipers to see other vehicles better.
- Distracted driving. Distracted driving is a major cause of car accidents, and it’s especially dangerous in foggy conditions. If drivers take their attention off the road to look at their GPS or change the radio station to “give their eyes a break,” it can lead to accidents as drivers may not be able to react in time to avoid a collision.
- Following too closely. Fog significantly reduces a driver’s depth perception, making it hard to judge the distance between the objects around them. While following other vehicles too closely is always dangerous, tailgating can cause multi-car pile-ups in foggy conditions.
Get the Help You Need From a Trusted Massachusetts Car Accident Lawyer
Mahaney & Pappas, LLP has decades of experience helping people recover fair compensation after devastating accidents. We conduct investigations, work with medical professionals and expert witnesses, and do everything we can to ease the burden our clients are under.
If you have been injured in a motor vehicle accident, let us guide you through the personal injury claim process and take the action needed to help win your case. Contact us online, or call us to schedule a free case evaluation. It costs you nothing to learn your options, and we don’t charge any fees unless we win.