Month: December 2023
Who Is Liable For Accidents Due To Low Visibility
It might be dangerous to drive with poor vision. There are around 600 fatalities in car accidents due to poor visibility, backed up by The U.S. Department of Transportation If you are involved in an accident due to poor visibility, contact a car accident attorney in Vegas to discuss your claim. This blog will discuss the causes of visibility issues and how liability is determined for these crashes.
Determining liability for accidents due to low visibility
All types of man-made and natural conditions can affect visibility. The most common natural types of low visibility include the following:
- Heavy rain
- Snow
- Fog
- Hail
- Glare
- Low light
- Snowstorms
- Snow
Visibility can also be affected by man-made conditions like the following:
- Failure to maintain a work zone contained, such as dust from a construction site or building machinery on the road.
- Failure to trim landscaping includes trees, hedges, shrubs, and other overgrown plants obstructing a driver’s view of crossings or traffic signs.
- Failure to remove obstructive constructions off the road: When new roads or buildings are constructed, they should not make it harder for passing vehicles to see where they are heading.
It all comes down to whether the driver was negligent in limited visibility regarding liability. Usually, there are two primary issues to think about.
Is the Duty of Care Still Important?
Yes, even when sight is limited, drivers are still responsible for exerting caution towards other motorists. Because he or she might not be able to see as well, a motorist has an even greater need to take additional safety measures.
Was a third party to blame?
Liability can be assigned to a third party if their actions cause low or obstructed visibility. For example, a construction business could be liable for damages if they neglect to protect a work zone and a dustup results in an accident.
The driver or company of the commercial vehicle may also be held responsible for any damages if the truck obstructs the motorist’s vision at an intersection. However, these situations can be hard to set up, so consulting with a lawyer might be more beneficial.
How to Make a Low-Visibility Crash Claim
You can be eligible for damages compensation if poor visibility led you to be injured in an accident. However, you must show that another person’s carelessness caused such damage.
You can file a third-party claim with the driver’s liability insurance company if the driver’s negligence caused your injuries. To show the other driver’s carelessness, you must collect evidence such as speeding or approaching too closely.
Help From a Car Accident Lawyer
Making a low-visibility crash claim involves demonstrating that another person’s negligence caused the injuries. If the driver is at fault, a third-party claim can be filed with their liability insurance company. Collecting evidence, such as proof of speeding or following too closely, is essential to establish the other driver’s negligence. Consulting with a car accident attorney can be beneficial, especially in complex situations where liability is challenging to determine.