Winter Driving Accidents Attorney in Overland Park, Kansas
Winter is one of the most dangerous times of the year to operate a vehicle. In Kansas and Missouri, cold winters and inclement weather conditions are not uncommon. Snow, hail, as well as icy and slippery roadways, can create hazards for motorists and pedestrians alike. Winter weather conditions contribute to thousands of accidents throughout Kansas and Missouri each year.
While it may seem that no one can be held liable for a winter weather accident because no one can control or change the weather, you may still be held responsible for a winter driving accident if you failed to take reasonable precautions to adjust to bad weather conditions.
If you were involved in an automobile accident due to winter weather conditions, seek legal counsel from an experienced personal injury attorney to understand liability in your case and fight for the compensation to which you are entitled. The attorney at Grover Law Firm, LLC, provides personalized legal guidance to accident victims in Overland Park, Kansas, and other parts of the state. The law firm also handles personal injury cases in the state of Missouri.
Kansas Is a No-Fault State
When seeking financial compensation after a car accident, it is critical to understand the insurance system of your state. Kansas is one of few states that follow no-fault car insurance laws. Being involved in a car accident in a no-fault state means that you will have to file a claim for compensation with your own insurance company, even if the other driver was clearly at fault for the accident.
In Kansas, motorists are legally required to purchase and carry Personal Injury Protection (PIP) coverage, which pays for the medical expenses incurred by injured parties up to policy limits. Under the no-fault insurance law in Kansas, PIP coverage pays for your medical bills and other covered losses regardless of fault.
However, in some cases, an injured party may be able to pursue a third-party insurance claim against the at-fault driver as long as their case meets certain criteria. If you were injured in a winter weather car accident, reach out to a knowledgeable attorney to analyze your specific situation and determine your legal options for recovering compensation.
Who Is Liable for Weather-Related Negligent Behavior?
According to the American Highway Users Alliance, an estimated 115,000 people sustain injuries and more than 1,300 people die each year in winter weather accidents across the United States. Determining who is responsible for an accident that occurs in winter weather can be difficult. Fault becomes a contested issue when a car accident occurs in bad weather. Many people mistakenly believe that no one should be held responsible for an accident that occurs in inclement weather. One or even both drivers, however, could be held at fault for causing a winter-related accident if their negligence, carelessness, or recklessness caused or contributed to the collision.
When a winter driving accident occurs, insurance companies (or courts, if a case goes to trial) will examine the parties’ conduct to determine if any of them failed to act with a reasonable standard of care. Some of the driving behaviors that may be considered negligent conduct when driving in winter weather include:
Failing to adjust the speed to weather conditions
Driving while distracted
Failing to maintain a safe following distance
Not using headlights
Not driving with winter tires
Driving with defective windshield wipers
Driving while fatigued
The law requires all motorists to adjust their driving behavior to road and weather conditions. Failure to do so may expose them to liability for any resulting accidents, including those that occur in inclement weather.
When examining fault after a winter-related accident, the insurance company will consider the weather conditions at the time of the accident. However, the insurance company may attempt to hold a driver responsible for a winter weather accident even if the motorist took all reasonable precautions. For this reason, contact a skilled personal injury lawyer to protect your interests when dealing with the insurance company and fight for the compensation to which you are entitled.
Winter Car Safety Laws
in Kansas & Missouri
When driving in winter weather in Kansas and Missouri, you need to understand the state’s winter driving laws to protect your safety and ensure your compliance. In particular, both Kansas and Missouri have a chain law, which permits motorists to use tire chains because of snow, ice, or sleet on the road. Learn more information about the mandatory use of tire chains by consulting with a lawyer.
While there are no federal laws that require tires to have a minimum tread, the vast majority of states in the country have their own laws that regulate minimum tire tread. In most states, the minimum tread depth must be 2/32 of an inch.
Winter Driving Accidents Attorney Serving
Overland Park, Kansas
If you or someone you care about has been hurt in a winter driving accident in Overland Park, Kansas, the attorney at Grover Law Firm, LLC, can help. No matter where you live in Kansas or Missouri, a winter driving accident attorney can help you navigate the claims process, determine fault, and explore your options for compensation. Speak with Mr. Grover and get assistance through the complex legal process.