McKinney Car Accident Involving Bad Weather Damages
Anytime someone is in a car wreck, they think about how they are going to recover from the incident, which can be overwhelming. Recovering from an accident includes getting medical attention, paying for medical bills, paying for damages to the vehicle, and much more. Poor weather conditions could make the impact of car collisions even more severe than a normal car accident. This is why if you have suffered an injury in a car accident, you should seek the services of a capable lawyer who could help you pursue McKinney car accident involving bad weather damages.
The types of damages in a dangerous weather accident are similar to the types of damages that can be recovered in any car wreck. Damages in car wrecks typically include:
- Medical expenses
- Lost earnings
- Damages for physical pain
- Mental anguish
- Physical impairment
Depending on the circumstances, a loss of consortium claim can be made for damages to save the spouse relationship or parent-child relationship. Any damages that directly and consequentially flow from the wreck can potentially be recovered.
Exemplary damages, also called punitive damages, are damages to punish the defendant or to encourage the defendant and other people to not engage in the same type of activities. To recovery exemplary damages, the plaintiff has to prove not just negligence, but gross negligence. When attempting to prove negligence, it is important to obtain an attorney who knows how to collect McKinney car accident involving bad weather damages. A lawyer can help someone assign fault for the car collision.
Proving Gross Negligence
To prove gross negligence, the plaintiff must show that the defendant knew or should have known that their actions had an extreme risk of an extreme amount of danger. In a normal rear-end collision, there is not usually exemplary damages. The defendant may not have maintained their lane of traffic and may not have paid attention to the road, but they probably did not act in an extremely negligent manner that would qualify for exemplary damages.
Typically gross negligence involves driving while intoxicated or driving while texting. Also, it may include a commercial truck accident if the truck company violated regulations.
Evidence in McKinney Bad Weather Car Collision Cases
There are several types of evidence that can be used for car accidents, specifically car wrecks involving bad weather. Pictures of the scene of the wreck are valuable evidence. The police report is admissible evidence, that will include a section on the weather conditions. Testimony from the witnesses will also be used in a car wreck claim.
The next piece of evidence that can be used when trying to collect McKinney car accident involving bad weather damages is the weather reports. There is weather data that can be gathered for every minute on any particular day.
If you have been injured in a car wreck while driving through poor weather conditions, contact a well-trained attorney. Calling a lawyer as soon as possible is important so that you can have a legal professional at the scene gathering evidence that can help you collect damages. Schedule a consultation today to get started on your claim.