Winter Car Accidents

While car accidents can happen in any season, winter weather conditions in the Cape Cod area cause an increase in accidents in the colder months. All drivers have a duty to operate their vehicles in a reasonable manner, which includes adopting safe driving practices for inclement weather. If you sustained injuries or property damage in a car accident caused by someone else’s negligence you may be able to recover damages, regardless of the weather conditions at the time of your accident. Our skilled Cape Cod car accident lawyers have more than 150 years of collective experience assisting local residents in recovering compensation following auto crashes. Our attorneys have the knowledge and skills to address the obstacles that may arise in your case, and will advocate vigorously on your behalf. We have helped our clients obtain multiple settlements and verdicts in the millions of dollars.

Most lawsuits arising out of car accidents are pursued under a theory of negligence. Pursuant to Massachusetts law, to prove another party’s negligence caused your car accident you must show that he or she owed you a duty, the duty was breached, and the breach was the cause of your damages. In a winter car accident, a defendant may attempt to argue that it was not his or her negligent conduct that caused the accident, but that the accident was unavoidable due to weather conditions. Discovery is an important tool that allows attorneys to gather facts and evidence to prove a defendant’s actions were unreasonable under the relevant weather conditions, and the breach of the duty to drive in a reasonable manner was the actual cause of the accident. Cases arising out of winter car accidents are often not as straightforward as cases where the weather is not a factor. If you were involved in a winter car accident it is wise to retain an experienced personal injury lawyer to help you seek damages from any negligent parties.

Massachusetts drivers are required to adjust their driving based on the current weather conditions. While a posted speed limit may be appropriate in most circumstances, if it is snowing, wet, or icy, it may be unreasonable to travel at the speed limit. As such, if a driver traveling at the speed limit during a winter storm causes a collision he or she may be negligent for failing to travel at a reduced speed. Visibility is often reduced due to winter weather as well, and car accidents frequently occur due to a driver’s failure to follow at a safe distance given the weather conditions, or to use his or her headlights due to the decreased visibility. Moreover, if a driver fails to properly remove snow or ice from a vehicle and the snow or ice detaches from the vehicle and causes an accident, the driver may be negligent.

In some cases, winter car accidents are not caused by the negligent behavior of either driver, but by the negligent failure to properly clean or treat a roadway. Depending on the nature of the roadway where an accident occurred and who is responsible for snow and ice removal, a failure to remove any snow or ice in a timely manner may constitute negligence. Proving a party’s negligent failure to remove snow and ice from a roadway caused your accident can be complicated. If you were injured in a car accident caused by untreated snow or ice, an experienced car accident attorney can assess the facts of your case to determine whether you may be able to recover damages.

Massachusetts has adopted the comparative negligence rule, which means a plaintiff pursuing a negligence claim may recover damages from a defendant if the plaintiff is less than fifty-one percent negligent. If the plaintiff is negligent in an amount less than fifty-one percent, his or her damages will be reduced by the percentage of negligence attributed to him or her. Damages recoverable in a car accident case include the cost of medical treatment, lost wages, and the costs incurred due to property damage. You may be able to recover damages for pain and suffering as well.

You must file any lawsuit arising out of injuries caused by a car accident within three years of the date of injury. If you were injured in winter car accident it is important to take legal action in a timely manner to ensure you do not waive your right to recover.

The attorneys of the Law Offices of John C. Manoog, III, frequently assist parties who have been injured in car accidents due to another party’s negligence. Our knowledge and experience allows us to gather the relevant evidence and hold negligent parties accountable. Through our vigorous representation, we have consistently been able to obtain favorable case outcomes, with multiple verdicts in the millions. We represent injured parties in Cape Cod as well as other communities including Hyannis and Plymouth. We can be contacted at 888-262-6664 or via our online form to schedule a consultation. Nós Falamos Português.