Accidents happen every day as a result of adverse weather events like rain, snow, and ice. Drivers have a duty to adjust their driving style according to the weather conditions in order to be safe. However, many drivers fail to do this, and accidents happen as a result.
If you or someone you love is hurt as a result of someone who is being negligent and driving recklessly in rainy weather, you have the right to hold that person responsible for their behavior.
A Birmingham rain accident lawyer can help. At the Morris Bart law firm, we work with accident scene reconstruction experts to gather evidence and build a strong case to recover compensation to the fullest extent of your injuries if you qualify. We also work on a contingency fee basis only, which means we are compensated if you are successful with your case. There are no upfront, out-of-pocket costs to take advantage of our resources.
For a free, no-risk review of your case, contact the Morris Bart law firm today at (205) 380-4158.
How Rain Impacts Roadways and Driving
According to the U.S. Department of Transportation, precipitation impacts visibility and pavement friction. Drivers who operate cars in heavy rain have less visibility, and it can be more difficult to see vehicles in front of them who slow or stop altogether.
The reduced pavement friction means that tires have less traction on the road and are more likely to slide and skid. Limiting speeds becomes more important, as cars may require more time to slow and stop. Hydroplaning also becomes a possibility. The likelihood of a car skidding on the surface of the road and becoming uncontrollable increases when a driver is traveling in excess of 35 miles per hour. This is why it is particularly important to drive at slow speeds when traveling in the rain.
Types of Injuries that Occur in Rain-Related Crashes
Many injuries can occur because of accidents that happen in the rain. They include:
- Traumatic brain injuries (TBIs): Car accidents are the second-leading cause of TBI-related hospitalizations in the U.S. and are a leading cause of death and disability. These accidents, caused by a blow to the head, can impair a victim’s memory, cognitive functions, and personality.
- Internal bleeding: Internal bleeding is extremely dangerous in car accidents, as the victim may not always realize they are losing blood. Severe hemorrhaging, which can occur as a result of a car accident, can lead to external bleeding, organ failure, and even death.
- Broken bones: Broken bones are usually not overly serious, although they are common in car accidents. Complications can arise, though, if the bone breaks through the skin, causing severe bleeding and creating the possibility of infection. In young children, broken bones can cause uneven growth.
- Spinal cord injuries: The spinal cord is responsible for sending messages from the brain to other parts of the body. This is why any damage to the spinal cord can impact mobility and sensation in the limbs. Though some people can live full lives after a spinal cord injury, most require wheelchairs and other assistive devices.
- Knee injuries: Car accidents can damage ligaments in the knee. These injuries are usually extremely painful and require physical therapy, medication, and other forms of treatment. Depending on the severity of the injury, some severe knee injuries may require surgical treatments, according to Healthline.
If you are hurt in one of these ways or in some other way because a driver drove recklessly in rainy conditions, you may be entitled to compensation. For a free, no-risk review of your case, contact the Morris Bart law firm today at (205) 380-4158.
For a free legal consultation with a Rain Accident lawyer serving Birmingham, call 800-537-8185
Damages that You May Recover After a Rain-Related Accident
Every case is different, and the types of damages that you may be able to recover depend on the details of your accident. Some of the types of damages that people recover in cases like these include:
- Medical costs
- Pain and suffering
- Lost wages
- Future wages if your earning potential is diminished or lost
- Disfigurement or dismemberment
- Out-of-pocket expenses
- Property damage
If your family lost a loved one because of a car accident that occurred as a result of rainy conditions, you may be able to recover damages in a wrongful death lawsuit, including:
- Funeral and burial costs
- Pain and suffering
- Wages and benefits previously provided by the deceased
- Medical costs left to the family
- Out-of-pocket expenses related to caring for the deceased before their death
- Loss of consortium
- Loss of support and protection
In some cases, the court may even choose to award punitive damages. Though these are extremely uncommon, if the behavior of the defendant was particularly egregious, the court may choose to award punitive damages to punish the defendant for their behavior.
Laws You Should Be Aware of
There are two laws, specifically, that you should be aware of that could impact your case: the statute of limitations and the law of pure contributory negligence.
Due to the statute of limitations in the state of Alabama, you must file your claim pursuing compensation within two years of the date of the accident. If you fail to do so within those two years, you are generally barred from recovering any amount of compensation from the defendant.
The other law you should know about is the legal doctrine of pure contributory negligence. According to this law, if the plaintiff is at all responsible for the accident, they are barred from recovering any amount of compensation. This applies even if they are found only 1% responsible.
A Birmingham rain accident lawyer can help build a strong case with the help of accident scene reconstruction experts and defend you against any underhanded defense tactics that might claim you are more responsible for an accident than you are, based on the facts of your case.
Call a Birmingham Rain Accident Lawyer Today
Our team is here to help you pursue compensation to the fullest extent of your injuries if you qualify. We can investigate your accident, build a case, calculate the full value of your losses, and negotiate for a fair settlement. For a free review of your case, contact the Morris Bart law firm today at (205) 380-4158.
Questions?Call 800-537-8185
to find a Morris Bart office near you.