Determining Fault in a McKinney Car Accident Involving Bad Weather
Bad weather can create dangerous conditions on the road, which means car wrecks are prone to happen. After a collision in poor weather conditions, it can be difficult to assign fault for the accident. If you have been injured in a car wreck while driving in poor weather, contact a seasoned attorney today. An accomplished lawyer is going to have the experience you are looking for when determining fault in a McKinney car accident involving bad weather case.
The Act of God Defense
When someone is in a wreck while driving in bad weather, they may be able to use the Act of God Doctrine as a defense. This is an affirmative defense in court. The act of God defense can be pled by defendants, which means the wreck was caused by the extreme weather conditions and there was no way to avoid the accident. To prove this defense, they have to show that they took all the reasonable precautions to avoid the wreck.
However, if a person is driving in heavy rain and their car starts to hydroplane and they hit someone, it would not qualify as an act of God defense. This is because God did not make the driver operate their vehicle during those conditions. A person can choose to stay off the roads. An example of an act of God defense would be if a thunderstorm quickly develops into a tornado and starts throwing cars around.
Another defense a person may use in a car collision is to plead that it was just an accident. The word accident to some people implies that there is no fault. This is not always the best defense to use, but it does work sometimes. However, it is very rare to have a wreck that someone could not have reasonably anticipated and prevented. This is why most people should know and follow the safety measures for driving in bad weather.
There are some situations in which a lawyer proceeds with a case when only one vehicle is involved. One of those situations is if there overspray issue on the roads. Occasionally, there is an artificially-created condition that a landowner may have created on a public roadway that may have caused a vehicle to wreck. An overspray effect combined with heavy rain can be extremely dangerous for drivers. If a wreck happens in this situation, the injured person’s lawyer would proceed the case directly against the third party who created the dangerous overspray issue. This is why it is essential for someone in a collision, even if it is a single car wreck, to contact an attorney who is well-versed in determining fault in a McKinney car accident involving bad weather.
Role of Product Liability in McKinney Bad Weather Car Crashes
A product liability issue with a person’s car is even more dangerous when driving in poor weather conditions. Reasonable and careful car manufacturers should design into their vehicles safety systems to ensure that the passenger’s survivability from the wreck is enhanced to the degree that it is possible. Sometimes there is an accident that caused terrible injuries to someone that could have been prevented if not for the faulty design of the vehicle. For example, the steel and designed used for the pillars of a vehicle should not allow the vehicle to collapse in a rollover car accident.
It is vital that car manufacturers follow and keep up with the safety standards of today. If they fail to do so, then the manufacturing company could be held liable for accidents. Determining fault in a McKinney car accident involving bad weather can be complex, however, an experienced car accident lawyer could help you determine who is at fault, and get you the compensation you deserve.