Can Motorists Be Held to a Different Standard in Winter Weather?
Winter is just around the corner and in New Jersey, that means snow and ice on the roads. In those conditions, motorists may need to take extra precautions to minimize the risk of loss of control. Unfortunately, that doesn’t always happen. Far too many motorists fail to make any changes to adapt to the slippery roadways. Can you seek compensation from someone who causes an accident if they were driving at or under the posted speed in poor weather conditions?
The Requirement to Act Reasonably
When you file a lawsuit to recover compensation for injuries sustained in an accident, it will typically be based on allegations that the defendant was negligent. To prove that the defendant was negligent, you must show that he or she did not act as a reasonable person would under the circumstances. The jury in your case will look at the defendant’s behavior and consider whether it was reasonable under the circumstances.
How does that apply to the operation of a motor vehicle in inclement weather? If the road was covered with snow or ice, the jury may conclude that a reasonable person would have reduced his or her speed to account for the slippery surface. In such a situation, the defendant’s argument that he was driving at the posted speed may not absolve him of liability.
Contact Howard D. Popper, P.C.
At Howard D. Popper, P.C., we can help protect your rights. For a free initial consultation to discuss your options after any type of personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.