Poor road conditions can cause accidents with the elements changing and drivers not sure of what to expect next. Hydroplaning has caused countless accidents, but when you look at the root cause, people don’t hydroplane without contributing to some effect. Drivers can hydroplane by not reducing their speed or by taking a turn suddenly.
Poor road conditions aren’t usually to blame. Usually, the driver behind the wheel is to blame. Now you can resort to the contribution of road conditions and more, but in Georgia, you should not expect much to come of it.
The One Area Where Comparative Fault Fails Drivers
Georgia uses the comparative negligence method that means that the plaintiff and the defendant are both evaluated for negligence. That means, if the fault is less for the plaintiff, then they can proceed to recover damages. The comparative fault system, however, does not allow drivers to blame the weather or road conditions.
Because of comparative fault, what happens is that the driver who failed to accommodate the poor road conditions is often held responsible. The result is something like the driver failed to lower speeds to meet road conditions. Or, the driver failed to respond to changing road conditions appropriately.
An experienced car accident attorney in Atlanta can help determine fault in your accident and get you the compensation you deserve.
Georgia History of Road Conditions
Snow, tornadoes, hurricanes, high winds, and dry spells followed by flash floods all play a role in the history of Georgia. In fact, Georgia is so prone to weather and road conditions that local police often know that road conditions often play a role in crashes. One recent weather update through the Atlanta Journal-Constitution explored the extent of what damages snow caused for Georgia drivers.
That report elaborated on how heavy snow leads to many road closures and wrecks because of icy conditions. But, the issue is that these drivers should be aware and understanding of how these road conditions can change quickly.
Unlike no-fault states, Georgia does not have a long history of people getting off from car wrecks. No-fault states will allow for consideration of the road conditions and weather, but Georgia is not one of them.
Can A Driver Argue Road Conditions?
In short, no driver cannot argue about road conditions. But, there are cases or situations which allow a driver to re-attribute fault to someone else based on road conditions. For example, if a construction crew left tools on the roadway that popped up under your vehicles and destroyed your axle, causing a severe crash because you had no control over the vehicle. That could put the liability of the wreck onto the construction company.
Additionally, the city failed to maintain a road properly. You might be able to argue that the city failed to provide a safe environment to drive.
What Constitutes Poor Road Conditions?
Poor road conditions can come from adverse weather, damages to the roadway, and debris in the roadway. Basically, you need to showcase that the road was so bad that you could not have possibly driven on it safely. You can go through the process of having proof come together through visual or witness methods of proof that the roadways were not safe.
It’s difficult to explain how road conditions are applicable to your crash. It’s not exactly something that you can prove without a doubt. But, you can start a narrative and begin to poke holes in the argument against you. What you need to pinpoint is that you’re the victim, and there’s a reason why you’re the victim here.
Road conditions could be the start, and you can explore other options such as a city’s failure to provide safety basics during winter storms. For example, if you hit a patch of ice at three in the afternoon on a street that is regularly salted, then you could argue that you expected that street to be safe for normal speeds.
Using an Atlanta Car Accident Attorney in Your Case
In Atlanta road conditions can be a complete toss-up, you can be driving along fine when suddenly flash floods or deep fog set in. Using an Atlanta auto accident attorney from John B Jackson can help you build your claim, but there’s no guarantee that road conditions can serve as a foundation. Ultimately, you’ll need to prove that the other driver is at-fault and that you are the victim.
Contact our law firm today to dive into what options you have for your case and your insurance claim.
