Weather Related Crashes

Weather related crashes are common in East Tennessee. Rain, snow, ice, hail, fog, and even drizzle may affect driving conditions and make it much more dangerous for everyone on the road. For example, icy or slick concrete may adversely affect a driver's braking ability, making it difficult to come to a complete stop when faced with stopped traffic ahead. Even driving at the speed limit may be dangerous when there is heavy snow. If you were injured in a weather related accident, Maryville car crash lawyer Mark Hartsoe is ready to help you seek recovery for the losses you have sustained.

Sometimes people assume that a car crash that happens during heavy rain, snow, hail, or fog is nobody's fault. Tennessee does recognize an Act of God affirmative defense. This defense is also called force majeure, and it applies when injuries happen due to the direct, exclusive, and immediate operation of the forces of nature without the intervention of people. In order to apply, the event must be such that it could not be prevented or avoided by using any amount of prudence or foresight or by using appliances that might reasonably be required under the circumstances.

All drivers have a duty to use reasonable care while driving, and this includes taking special precautions based on the weather conditions. Only an insurer benefits when accident victims assume that a crash was an act of God or nature rather than a result of a driver's failure to consider weather conditions when choosing whether and how to drive. Insurance adjustors might try to portray an accident in this way for their own purposes. It is important to retain personal injury attorney Mark Hartsoe, who can investigate what really happened, rather than assume that this defense applies.

Often, an at-fault driver's intervening acts contribute to or cause an accident. For example, a jury is likely to find that a driver did not drive safely if they did not slow down even when they could not see through the fog. When the cause of an accident is ambiguous, or there is conflicting evidence, it may be important to retain an accident reconstruction expert. An expert can examine physical evidence from the scene as well as witness testimony and information about the weather to determine who or what was to blame for a crash.

Sometimes multiple drivers act negligently during poor weather, and an accident is the result. Tennessee follows a modified comparative negligence rule. The jury will evaluate the evidence and assign percentages of fault to the parties involved. As long as you were less than 50% responsible for an accident, you may be able to recover at least some compensation for your injuries.

After a car accident that results in serious injuries, you may have difficulty paying your medical bills, and you may be worried about taking time off from work. If you were involved in a weather related wreck, Maryville car crash attorney Mark Hartsoe can evaluate who should be held responsible and provide skillful representation. Call the Hartsoe Law Firm at 865-804-1011 or complete our online form to arrange a free consultation. Hartsoe represents injured people who need a motor vehicle collision lawyer throughout East Tennessee, including in Blount, Knox, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.