Can a driver file a lawsuit after an accident caused by bad weather in Connecticut?
New London, CT – Connecticut and other states in the U.S. often experience severe weather that makes car accidents much more likely. If the roads are wet, covered in ice, or there is heavy rain, it is much more difficult for drivers to control their vehicles as normal. While there are some accidents that are totally unavoidable, it is likely that at least some level of human error contributes to just about all accidents. Those drivers or businesses who make crucial mistakes may still be sued.
The concept of an uncontrollable problem
Insurance companies often use the phrase Act of God to identify certain unpredictable events that are outside of human control such as the weather. In many situations, this can function as a way of avoiding liability and saying that there can be no liability because there is no identifiable person or business who is at fault. While people and businesses do not have absolute control over their environments, some insurance companies or defense attorneys merely use this concept as a mechanism to avoid fault for their actions.
If other drivers are involved, they may not be able to simply use the bad weather as an excuse. All drivers are expected to apply the relevant standard of care, which can include accounting for poor road conditions and adjusting driving habits accordingly. Any breach of the relevant standard of care by the driver at fault is significant, as this is an element of a negligence lawsuit.
Negligence lawsuits against drivers or other entities who cause accidents
If a party can be identified, they can be served with a negligence lawsuit for their actions leading up to the accident. In Connecticut, even a driver who is found to be partially negligent or at fault for their own injuries can still collect damages from the defendant. A plaintiff who is partially at fault only has their damage award reduced relative to their level of fault, but they are not prevented from bringing the case.
The government can also be sued in an accident case where it is apparent that the roads were not properly maintained and cleared or left in an unsafe condition. This type of behavior is still considered negligence even if an entity is responsible rather than an individual. Total immunity for governments and their agencies from injury lawsuits has been limited in every state in the country.
Accident lawsuits in Connecticut
Holth and Kollman are available to meet with accident victims about personal injury lawsuits in the New London area. An initial consultation with the firm is the best way for potential clients to learn how to proceed.
Firm contact info:
58 Huntington Street, New London, CT 06320