Do I have a personal injury case if my accident was a result of ice or snow?
As many of us are aware the eastern seaboard has suffered an ice and snow storm that has left a path of devastation and wreckage among our roadways. If you were one of the unlucky ones in an accident on the snow and ice you may or may not have a personal injury case.
[French, A superior or irresistible power.] An event that is a result of the elements of nature, as opposed to one caused by human behavior.
The term force majeure relates to the law of insurance and is frequently used in construction contracts to protect the parties in the event that a segment of the contract cannot be performed due to causes that are outside the control of the parties, such as natural disasters, that could not be evaded through the exercise of due care
If you have been injured in an auto accident not caused by you in the ice and snow, you may be out of luck.
In an auto accident case, you have to show the defendant was negligent in some way. An example would be he ran a red light and hit you, or he ran a stop sign, he was drunk and ran into the back of your car. When you have ice and snow, who is negligent. you can always try and show the defendant was not using the proper equipment, had bad tires, or should not have even been out their in the first place. The problem with that is, you should have not been there as well.
Force Majeure is an event that is a direct result of the forces of nature, not and event caused by human behavior. If car A slid into the back of car B because of the ice, is there negligence involved? Only a lawyer can answer that.
How can I protect myself if I’m injured in the event of an accident caused by ice and snow?
One way to protect yourself is to make sure you have adequate insurance coverage on your car. Many people in the united states only carry the minimal coverage’s in the state for which they live. Insurance is protection, and you need to make sure you are fully protected. Make sure you have enough Med pay to cover your medical expenses in the event you are injured. This will pay all your medical that the insurance company deems and reasonable and necessary treatment. If you have an older car that you don’t feel requires full coverage, at least insure it with uninsured motorist. Uninsured motorist protects you from people who don’t have enough or no insurance. This winter season has brought a lot of snow and ice to areas that never see any. Be careful this winter season