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Monday, April 8, 2013

Weather and the Law. From Attorney George Tofaute

Car accident - can I blame the weather?? If it's your fault, then no. For example, if you slide on an icy road and rear end another car - even if you were going under the speed limit - the officer will more than likely code the accident as your fault for driving in excess of what is "reasonable under the road conditions".  Yes, even if you were driving UNDER the limit. Since you should have been aware of the road while you were driving.    

What if you fall on ice in a shopping center, or the entry to a store or in a parking lot? We see this a lot during the winter.  If the store had notice of the ice, and, time to take steps to "salt" or "sand" the area, then the weather has created a hazard that the store was aware of, or should have been aware of, and may have failed to take steps to make the area safe for their customers. In this instance, the weather created a dangerous condition that the store failed to make safer and you will likely win the claim.

There are many cases in the law related to weather conditions that are important issues in injury claims. We are experienced legal professionals who's combined 100 years of working on these cases helps us help you.  Call today 800-468-8736.