Can You Sue If Another Motorist Couldn’t See You Due to the Weather?
Driving in New Jersey in the winter can be fraught with peril. The roads can collect snow or ice and become like a skating rink, making it difficult to start, stop, or negotiate a simple turn. One common cause of many winter weather motor vehicle accidents is lack of visibility. The at-fault motorist may contend that their windows were iced over or fogged up, that blowing snow caused a “whiteout,” or that snow from another vehicle blanketed their windshield, obstructing their view. Can you seek damages from a person who caused an accident in winter weather but claims they “couldn’t see you”?
Duties of Drivers in Winter Weather in New Jersey
When you’re hurt in an accident, your right to recover compensation is based on your ability to prove that the defendant (the person from whom you seek damages) acted negligently. To prove negligence to a jury, you must show that:
- The defendant acted unreasonably under the circumstances;
- The defendant’s unreasonable behavior caused the accident; and
- You suffered actual losses because of the accident.
There is no specific definition of “unreasonable behavior.” Instead, it’s determined by the jury based on the facts. Accordingly, in a case where you suffered injuries caused by another driver who claims he couldn’t see you, the question the jury will consider is whether or not a reasonable person would have, or could have, taken steps to remedy the lack of visibility.
- Did the defendant take reasonable measures to ensure that windows were not iced over or fogged up? Did the defendant use the heater/defroster properly? Were there any mechanical issues with the operation of the heater/defroster?
- Did the defendant wait to get on the road until the car’s defrost system was working and keeping the windows clean? It typically takes 5 to 15 minutes for a vehicle’s heating system to reach a temperature where it will keep windows free from ice or snow. Drivers should ensure that all windows, as well as front and back windshields, are completely free of snow and ice.
- Did the defendant take reasonable steps before getting on the road to remove all snow and ice from the windows, hood, roof and other parts of the car?
- Would a reasonable person have attempted to drive under similar conditions, particularly if they were blizzard-like?
What About the New Jersey Law Requiring Motorists to Remove Snow and Ice from Vehicles?
New Jersey has a law that requires motorists to remove snow and ice from a vehicle before driving. Failure to do so can be charged as a misdemeanor, with penalties of up to $75 per incident. Fines can increase up to $1,000 if a motorist causes personal injury or property damage because of a failure to remove snow or ice.
While a ticket for violating the snow and ice removal law does not automatically impose civil liability for injury or loss, it can be used as evidence in a personal injury trial.
Contact the Law Office of Howard D. Popper
At the law office of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after you’re hurt in a New Jersey winter car accident, 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.