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Beyond Driver Negligence | Frank W. Thompson Attorney At Law

  • By Admin
  • 05 May, 2022
Man Having Problem with His Vehicle in the Snowy Weather — Reno, NV — Frank W. Thompson, Esq.

Driver error or negligence is the leading cause of auto accidents. However, issues beyond the driver can also lead to car crashes. In such cases, you must seek compensation from other parties other than the driver. Below are auto accident causes beyond the driver.

Inclement Weather

Poor weather conditions cause accidents in different ways. For example:

  • Rainfall, smog, and snowfall reduce visibility, blocking road dangers, road users, and road signs.
  • Precipitation, for example, from snowfalls and rainfalls, makes the road's surface slippery and increases the risk of losing car control.
  • Floods hide road dangers, such as potholes.
  • Storms can uproot trees or other objects and crash them onto cars.
  • Strong winds can blow cars out of their paths and onto the paths of other motorists.

Motorists who cause accidents sometimes blame the weather for escaping liability. That might or might not be true, depending on the circumstances.

The law expects drivers to take reasonable care to avoid accidents regardless of prevailing weather. For example, motorists should use their lights, slow down, and increase their following distance in poor visibility. A motorist who doesn't do that is liable for accidents they cause — even if the weather plays a role.

However, motorists can escape liability if the weather is truly to blame. For example, a truck driver is not liable if an extreme and unexpected storm causes their truck to jackknife and cause an accident.

Mechanical Defects

A defective car can cause an accident even with the best driver behind the wheel. For example:

  • Defective tires can burst and cause loss of control.
  • Defective brakes can cause accidents if they fail without warning.
  • Airbags can deploy unexpectedly and block a driver's view of the road.
  • Steering defects can lead to loss of steering control.

In such cases, the defect's cause determines liability. Car designers, manufacturers, and dealerships are responsible for design, manufacturing, and marketing defects. For example, manufacturers whose cars have defective brakes are liable for accidents due to the defects.

Car owners are liable for defects due to maintenance failure. For example, a driver who overinflates their tires or fails to replace worn brake systems is liable for accidents the maintenance failure causes.

Road Conditions

Poor road conditions also cause accidents. For example:

  • Potholes can cause tire bursts or loss of car control.
  • Faulty road designs, such as steep edge drop-offs, can cause a loss of car control.
  • Missing road signs can cause accidents by denying drivers relevant warnings.

For such cases, you may seek auto accident damages from the authority responsible for constructing and maintaining the road. Counties, states, and cities are some of the different government levels responsible for road maintenance.

Identify the authority responsible for the road and defect since multiple authorities are sometimes responsible for different aspects of the road. Use a lawyer since accident claims against the government are complicated, have short deadlines, and have unique bureaucratic requirements.

Pedestrians

Lastly, pedestrians are also sometimes responsible for car crashes. For example, a pedestrian might cause an accident by:

  • Darting in front of the car unexpectedly
  • Ignoring traffic signals
  • Walking on a road where pedestrians shouldn't walk

Pedestrians and drivers share liabilities for many crashes involving pedestrians. However, pedestrians can also hold complete liability for a car-pedestrian crash. If that happens, the pedestrian is liable for their damages and the motorist's damages. The onus is on you to prove the other party's liability for the crash.

As an auto accident victim, you must know what caused your accident to identify the liable party. Frank W. Thompson Attorney At Law can investigate your accident and help you pursue your damages. Contact us for a free initial consultation to determine the next steps.

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