Freeing a Claimant of Fault in Bad Weather Accident (Part I)
Why Bad Weather Causes Car Accidents
Car accidents that are caused by bad weather should free a driver from fault in an insurance claim. There are legal doctrines that can help a driver filing a claim to not be considered negligent.
According to an article on SimmonsAndFletcher.com, the legal doctrines are useful in helping to grant a claim of a driver who was involved in a car accident.
The adjuster who is making the assessment in a car accident insurance claim can use the legal doctrines instructions to grant or deny claim. Some of the legal doctrines that can be used are the following:
- Unavoidable Accident
- Sudden Emergency
- Act of God
The unavoidable accident instruction is discussed in the first part of this two-part article. This second part will discuss the two other legal doctrines.
Sudden Emergency
An auto collision as a result of bad weather is a sudden emergency if it the accident happened suddenly and unexpectedly. An accident is not a sudden emergency if it is not caused by negligence or omission of the driver.
Furthermore, a car accident is a sudden emergency if the person who had needed to make a decision without time for deliberation acted as anyone would have done so under the same circumstances. The defense can be used in filing a claim because a car accident happened because of unexpected event like a heavy gust of wind, tornado or snowstorm.
Act of God
Circumstances that are caused exclusively by violence of nature are considered an act of God. While the act of God defense is not always accepted in auto collision cases, it can come up in some circumstances. One example of defense contribute largely to the auto collision rate in the United States.
According to an article on FloodLawFirm.com, bad weather is included in the top ten causes of auto collisions in the country. The article also explains why weather conditions can lead to auto collisions and how a driver can exercise caution in such conditions.
