When it comes to unsafe road conditions for drivers, winter is a season when motorists face many environmental risks. According to the National Highway Traffic Safety Administration (NHTSA), 17 percent of all accidents occur in winter weather. Given the risks involved in winter driving, it is important to know your rights in case of a car accident.
A collision during cold, snowy weather is not convenient. This is especially true if another driver collides with your vehicle while you are traveling for the holidays. Despite this inconvenience, you maintain the legal rights enjoyed by every victim when auto accidents increase during winter or holiday driving. If you were injured in the accident or you faced costly damage to your car, you have the right to seek compensation through a personal injury claim or lawsuit if a court case is necessary.
The Right to Seek Medical Care
Ultimately, it is your decision whether or not you require medical care. This is true even if the other driver or the responding officer implies that your injuries are not serious or that you do not need medical care.
It is often in your best interest to pursue medical care, even in situations where your injuries seem superficial. Frequently, the symptoms of car accident injuries can take time to manifest. Documenting evidence of your injuries will also help build evidence for your case in the event that you file a personal injury claim or lawsuit.
The Right to Identify the Other Driver
According to many state laws, the other driver is required to stop at the scene of the crash if serious damage or bodily injuries are involved. Because of this, you have the right to know the identity of the other driver involved in your crash. Not only can you expect that the other driver shares their identifying information with you, but they are also required under most state laws to provide proof of insurance coverage.
Obtaining this information is a vital part of any injury case. Not only will you need to identify the other party involved in the crash, but obtaining their insurance information can streamline the claims process and help you seek compensation.
The Right to Pursue an Injury Claim
Like with any motor vehicle accident, you have the right to pursue a personal injury claim following a crash. While some states require that your injuries meet a certain threshold of severity in order to file a lawsuit, you have the right to pursue an insurance claim after an accident in most states.
Your rights are not diminished by the time of year or weather conditions, but it can make pursuing a claim more challenging. In extreme weather, it can take time for the police to respond to the scene of the accident. In some areas, the police might not be able to respond at all. This can complicate matters, as the lack of police presence can mean no report is made of the crash. The police report is a useful tool for any injury claim, but the lack of one may not prevent you from pursuing a case.
Ultimately, you have the right to file a personal injury claim in any season. The more important factor is whether or not you can show the other driver involved in the crash was negligent. By proving negligence, you will be able to build a more compelling case for the compensation you deserve.
The Right to an Attorney
Taking on the challenge of a personal injury lawsuit may take time and energy. The good news is that you do not have to do so on your own. If you are injured in a winter accident due to the negligence of another driver, you have the right to hire the legal counsel of your choice.
Your attorney can help in a variety of ways, starting with identifying the party responsible for the crash. This could include another driver, the government entity responsible for road upkeep, or even the maker of your vehicle.
After thoroughly investigating your accident, your attorney could help you pursue a personal injury claim. From negotiating a fair settlement to taking your case to trial, your legal counsel can help you seek compensation from the beginning to the end of the process.
An Attorney Could Help Protect Your Rights
If you have questions about your legal rights when auto accidents increase during winter and holiday driving, let a personal injury attorney advise you. The team at Cordisco & Saile LLC understands what is at stake in your injury claim. We have experience pursuing claims involving accidents that result from winter weather conditions. We look forward to helping you seek the compensation you deserve.
You can have a lawyer by your side through every step of your case. Call (215) 642-2335 for a free consultation right away.
