Amidst the hazardous weather conditions throughout California, it is crucial for individuals and corporations to understand and follow safety measures. Recent floodings, mudslides, rain, snow, and more have created unsafe environments for motor vehicles and property owners. It is important to adjust to these conditions to ensure the safety of those around us.
Storms are a leading factor in personal injury claims, especially when parties fail to act extra cautiously. Accidents that resulted in injuries and/or death may be eligible for compensation. Read further to hear how a Los Angeles wrongful death and personal injury lawyer can help you.
Safe driving should always be a priority, but rain and other weather conditions require even further caution. While you cannot control the weather, you should be mindful of the following:
- distracted driving
- sudden turns/stops
- surrounding vehicles
Failure to pay attention to your driving and surroundings can result in a car accident. Slippery roads can increase the chances of a crash, especially given the difficulties in fast-breaking or passing.
Drivers should always:
- wear seatbelts
- avoid cruise control
- turn on headlights
- keep a distance away from other vehicles
- allow for extra time in their schedules
- check windshield wipers prior to driving
If you suffer a personal injury from a car crash during hazardous weather conditions, you should seek legal representation. An experienced Orange County car accident lawyer can help investigate the factors contributing to the injury.
Those who lost loved ones in a weather accident should contact an Orange County or Los Angeles wrongful death lawyer. Depending on the circumstances of the case, you may be able to file a wrongful death action.
Rain may be out of our control, but a driver’s actions should reflect road hazards. Failure to act safely can be grounds for a personal injury claim or wrongful death claim.
Fallen trees, slippery floors, and other obstacles have impacted many homes and businesses. The recent storms and flooding have contributed to indoor and outdoor hazards that a premise owner can be held responsible for.
It is advisable to:
- salt parking lots, driveways, and sidewalks in advance of snowy weather
- set out wet floor signs and dry any slippery areas
- cone off hazardous areas
- contact landscapers to remove any fallen or concerning trees
These are a few of the many steps that can prevent a premises liability lawsuit. When possible, precautions should be applied to ensure the safety of any individual entering your property.
If a store or homeowner failed to provide a safe environment, you may be able to take legal action.
Understanding Negligence in Weather-Related Injuries
The weather may impact one’s degree of negligence in personal injury or wrongful death claims. Opposing insurance companies may try to blame outside factors to avoid paying, but you may still be able to prove an individual’s negligence. To receive compensation, you must prove the negligent party was the main factor in the accident as opposed to the weather.
It is important to understand that negligence will vary from case to case. For example, if someone follows the speed limit during a storm they can still be held liable. Sometimes the speed limit may be unsafe given the weather which means an individual is acting negligently. Similarly, if someone salted the sidewalks but missed a section they can still be found negligent.
In all cases, the specific conditions pertaining to your accident will be examined to determine whether the defendant was acting reasonably. Some storms may have no impact on negligence. Others, such as the ones that caused recent mudslides, may require a reasonable individual to take extra precautions.
For this reason, victims should collect any evidence they can, including the following:
- photos of the scene
- weather channel or app reports of the specific time/location of the accident
- eyewitness testimonies
- police statements
- medical records
The more evidence there is the easier it will be to prove someone else’s negligence contributed to the accident.
Accidents occurring during bad weather can be complicated to prove to the court. This is why it is critical to hire an Orange County wrongful death attorney or personal injury lawyer. Your lawyer can investigate the accident, speak to insurance adjusters, negotiate settlements, and in some cases, take the claim to trial.
Personal Injury and Wrongful Death Attorney- Orange County, Los Angeles, and Surrounding Areas
Weather conditions should not be an excuse for negligence. If you are a victim of a weather-related accident, you should contact a Los Angeles personal injury attorney immediately.
Domestic partners, putative spouses, and family members of fatal accident victims should contact the best wrongful death lawyer in Los Angeles. With legal guidance, they may be eligible to receive compensation for medical bills, funeral and burial expenses, and loss of companionship.
The Law Offices of John J. Perlstein has over 25 years of experience in complex personal injury and wrongful death claims. The best wrongful death law firm in Los Angeles and surrounding areas will fight relentlessly to achieve justice on your behalf. Contact us today for a free consultation.