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Can Bad Weather Impact Your Car Accident Case?

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It’s no secret that bad weather can increase the potential for danger and the chance of car collisions. Statistics from the U.S. Department of Transportation’s Federal Highway Administration show that around 23 percent of crashes each year are weather-related.

Those in the Four States area know all too well the harsh conditions that winter months can bring. Whether you’re driving through wind, rain, or snow, you should understand how these factors may impact liability in a car accident case.

Negligence and Car Accidents

Proving liability in a car crash comes down to which parties acted with “negligence.” That is, they did not act with a reasonable amount of safety to prevent an accident from occurring. The standard for determining negligence is deciding how a reasonable driver would have acted in any given situation. Some acts that could show negligence include:

  • Speeding

  • Distracted driving

  • Intoxication

  • Not adjusting to road and weather conditions

Weather and Reasonable Duty of Care

Most drivers fail to reason that driving with a “reasonable duty of care” changes just as frequently as the weather. So, something that is considered reasonable in one situation may be different in another situation, such as when weather conditions are rough.

For example, in “good” weather conditions, it may be deemed “reasonable” to drive at the speed limit. However, when there is heavy rainfall, your visibility might be hindered and your vehicle may be susceptible to hydroplaning. In this situation, a reasonable driver would slow down and leave extra room between their vehicle and the vehicle in front of them.

With this in mind, weather and road conditions at the time of the accidents are just some of the many factors that insurance companies and courts will look at when determining negligence, fault, and liability.

If you or a loved one was injured in a weather-related accident in the Four States area, turn to the attorneys at Johnson, Vorhees & Martucci for help pursuing your financial recovery. On the other hand, if a negligent driver caused the collision, our firm will help determine liable parties so that you receive what you need to heal.

Contact our firm at (833) 600-0125 to schedule your free case evaluation.

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News

Roger Johnson Receives Thomas G. Strong Trial Attorney Award

MATA\’s (Missouri Association of Trial Attorneys) Award Selection Committee has named Roger Johnson of Johnson, Vorhees & Martucci in Joplin as the 2015 recipient of the Thomas G. Strong Trial Attorney Award. He will be honored during MATA\’s Annual Banquet & Awards, Saturday, June 27 at The Lodge of Four Seasons in Lake Ozark. Johnson may be best known among MATA members as the attorney who changed the landscape of

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Car Accidents

Missouri car crashes take five lives

In two moments of violent collisions, five lives were ended this past weekend. Two of those killed were teenagers and one was just 20 years old in the car accidents north of Joplin. Two University of Central Missouri students died in a three-vehicle accident this past Saturday afternoon. A 49-year-old man was also killed in that incident, law enforcement officials said. The fatal crashes were in the Clinton, Missouri, area

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Truck Accidents

Who is responsible for ensuring safe transfer of oversize/overweight truck loads? P.1

Last time, we looked a bit at some of the basic principles of cargo securement by which commercial vehicle drivers and their employers must abide. As we noted last time, special permits are required for oversize loads, and each state has different rules on the matter. Here in Missouri, weight, height, and length limits determine when an application for an oversize and overweight permit must be filed. Applications must be

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