Winters here in Virginia are getting harder and harder to predict. We don’t get big snowstorms as often as they do up north, and, for those of you who don’t like snow, that might seem like a good thing. Unfortunately, having milder winters also comes with its own set of problems. When you live somewhere where it doesn’t snow too often, people get less practice driving in winter conditions. So when bad winter weather does happen, we are not as prepared to handle it, especially if it comes without warning.
A lot of you may remember the winter storm from the first week of 2022. Weather reports predicted only a few inches of snow, but it suddenly turned into more than a foot. This happened right as thousands of people on the East Coast were traveling home after New Year’s and other holiday events. The situation quickly escalated, leaving drivers stranded along a 48-mile stretch of I-95. Virginia State Police responded to more than 1,000 crashes, and many drivers and passengers were seriously hurt.
If you were in a car accident because of black ice, snowy roads, or other winter weather, you have the right to look into your options for getting compensation. Keep reading, or contact the Virginia Beach car accident attorneys at Shapiro, Washburn & Sharp to learn more about winter weather accident cases.
Who Is Liable for Winter Weather Crashes in Virginia?
Bad weather might have caused your crash, but insurance companies in Virginia don’t look at the weather; they look at who’s to blame. Virginia is an at-fault state for car accidents. This means the driver who caused the crash is responsible for paying for it, and their insurance must cover the damages for everyone involved.
Knowing this will help you understand what to expect when you file a claim because, depending on what happened, you might be blamed for the crash. For instance, if your car skids on black ice and then crashes into another vehicle, you could still be held responsible, even if you technically didn’t do anything wrong.
Sometimes, simply being on the road during bad weather can make you look responsible for a crash. In the above example, the insurer’s lawyers might say you were driving too fast for the conditions and argue that the crash would never have happened had you decided not to drive at all.
Another important thing to know is the state’s contributory negligence rule, which bars victims from collecting compensation if they are even slightly at fault for the crash. Even if the other driver was mostly to blame and you made a minor mistake that contributed to the collision, you will not be able to receive financial compensation.
Although Virginia’s rules may seem somewhat Draconian, they shouldn’t stop you from seeking damages after a winter weather car accident. Being found at fault can seriously affect your life, so it’s important to talk to an experienced Virginia Beach car accident attorney before filing a claim. Our attorneys have been helping injured accident victims since 1985, and we are happy to discuss your case.
How Does Weather Increase Accident Risks in Virginia?
Virginia’s roadways wind their way through mountains, valleys, thriving metropolises, and expansive rural areas. This mix of landscapes means that the weather can change quickly and unexpectedly.
Rain makes the road slippery and makes it take longer for your car to stop. Snow and ice can cover lane markings and make your car harder to control. Fog makes it hard to see what’s ahead. Strong winds can push big trucks into other lanes. And when one car suddenly brakes on a slick road, it can cause a chain-reaction crash. Weather usually doesn’t cause accidents in and of itself; it simply creates dangerous conditions that require every driver to be extra careful.
What Evidence Proves Winter Weather-Related Negligence?
The success of your winter weather-related accident claim will hinge primarily on your ability to provide clear proof of what the weather was like at the time of the crash and how the driver handled those conditions. Useful evidence may include:
- Police report
- Photos/videos of the accident scene
- Camera footage
- Witness statements
- Weather reports
Your Virginia Beach car accident attorney will conduct their own investigation and look at all the evidence to clearly show who was at fault in your claim.
Why Do Winter Weather Conditions Lead to Denied Insurance Claims?
Insurers often use winter weather as an easy excuse to deny or reduce valid claims. They might say the crash couldn’t have been avoided because traffic was unpredictable, visibility was poor, or the road was slick.
Winter weather is not an excuse for reckless driving. You still have to slow down, stay in control, and drive safely when the roads are dangerous. Courts will consider whether each driver acted reasonably under the circumstances, and an experienced Virginia Beach car accident attorney can challenge the insurance company if the insurer’s judgment is unfair.
Were You Injured in a Winter Weather Crash in Virginia?
At Shapiro, Washburn & Sharp, our Virginia Beach car accident attorneys have more than 100 years of combined experience and have won numerous cases involving crashes caused by winter weather conditions.
We understand how hard it can be to prove fault in a winter-weather accident, and we have the experience and tools to build the strongest possible case on your behalf.
If you were hurt in a winter weather crash in Virginia Beach, we are ready to stand up for you and fight for the full compensation you deserve. We have done this for many clients, including a 67-year-old federal worker who received a settlement of $930,000 after another driver failed to yield. To schedule a complimentary case review with one of our trusted Virginia Beach car accident attorneys, call us at (833) 997-1774 or fill out the contact form on our website. We have offices in Virginia Beach, Norfolk, Portsmouth, and Hampton.