Yes, weather conditions can impact liability in fog accidents. Foggy conditions on the road can compromise visibility. Thus, drivers are obligated to be extra cautious by traveling at slower speeds and maintaining a safe distance from other vehicles. Otherwise, they increase the risk of a severe collision.
Did you or a loved one sustain injuries in a crash involving poor weather conditions? A Fort Lauderdale car accident attorney from our firm can help build your fog accident negligence claim by gathering evidence and referring to relevant laws. From there, they can pursue full and just compensation for their economic and non-economic losses.
Making a Fog Accident Fault Determination in Your Claim
Road users owe each other a duty of care even when it’s a bright, sunny day with perfect road conditions. When weather conditions are less than ideal, as in the case of fog, they must be hypervigilant. It becomes harder to see other drivers, pedestrians, street signs, and road hazards, so they must make necessary adjustments to their driving, such as:
- Turning on their headlights
- Driving slower
- Keeping a safe distance between themselves and other road users
- Paying close attention to the road
Unfortunately, drivers may breach this duty of care by getting distracted, speeding, or tailgating. An accident may occur because of this careless behavior. Unfortunately, those affected may face emotional, physical, and financial damages. If you sustained injuries in this type of accident, one of our Fort Lauderdale personal injury lawyers can determine fault by compiling evidence, such as the following:
- Pictures of the weather and road conditions
- Your medical records
- Traffic camera footage
- Photos of your visible injuries
- The police report
- Witness testimony from bystanders and experts
- An analysis from accident reconstructionists
We encourage you to write down everything you remember from the crash. It’s essential you do so as soon as possible while the details are still fresh in your mind. Your account of what happened will be instrumental in your fog accident negligence claim.
The Effect Disputed Liability Can Have on Your Fog Accident Negligence Claim
When a fog accident car accident lawyer goes up against the insurance company, they might encounter pushback. The insurer might resist paying your total claim. Instead, they may blame you for the accident, or at least attribute part of the blame to you. The amount you can recover will be proportionate to your degree of fault, according to Florida’s modified comparative negligence law (Florida Statutes § 768.81).
As long as you can prove you didn’t contribute more than 50% to the crash, you can collect compensation. Still, it’s possible that the insurance company may assign you liability that you don’t actually bear. For example, an adjuster could assert that you were responsible for 40% of the crash, so the company only needs to cover 60% of your losses. However, maybe you’re not at fault for what happened.
Our team will work to ensure the insurance company will provide the compensation you’re entitled to obtain. We can usually come to an agreed-upon figure in settlement negotiations, but should the insurer not cooperate, we will be ready for trial. Once an insurer sees a court date on the calendar, it might feel more inclined to settle and avoid a trial’s considerable time investment and high court expenses.
Pursuing Compensation in a Fog Accident Case
In addition to liability, your attorney will consider other factors when determining appropriate compensation in a fog accident claim. For instance, your medical treatment costs will play a significant role, as well as how the crash has affected you physically and emotionally. The latter tends to have more long-lasting effects, so these damages should make up a substantial portion of your overall payout.
Our team has recovered $200+ million in personal injury settlements and won more than 5,000 cases. We know how to get what clients need. Although each case has its specific circumstances, it’s common for fog accident victims and families to secure compensation for these types of losses:
- Past, current, and anticipated medical bills
- Pain and suffering
- Disfigurement and scarring
- Past and future loss of income
- Property damage expenses
- Mental anguish
- Loss of enjoyment of life
When fog accidents are particularly severe, victims may lose their lives. If your loved one died in a fog-related car crash, a wrongful death attorney on our team can be your family’s advocate. On your behalf, they can request compensation for your loved one’s funeral arrangements, medical care, and loss of support, services, and consortium.
Our Fog Accident Car Accident Lawyers Can Help File Your Case on Time
We’ll start building your case right away. Florida Statutes § 95.11 generally imposes a two-year deadline on personal injury and wrongful death lawsuits. You could have more time if a minor was injured or passed away, but the sooner you get started, the more protected your case will be.
If you don’t adhere to the deadline, you will most likely lose your right to sue the liable party. In that event, it would be on you to pay your damages. Calling our law firm right after the crash will help prevent this unfortunate result. With adequate notice, we can file suit before the end of the applicable time frame.
Work With an Attorney at the Law Offices of Wolf & Pravato After a Fog Accident
Making fog accident fault determinations isn’t always easy. Feeling the pain from injuries and being overwhelmed by the legal process doesn’t help. However, a fog accident car accident lawyer from the Law Offices of Wolf & Pravato can handle all case-related responsibilities while you’re in treatment.
We have caring, compassionate, and attentive members on our staff who have your best interests at heart. Reach out to us today at (954) 633-8270 for a free, no-obligation consultation. Our firm operates on a no-win, no-fee basis.
