What if my accident was caused by poor road conditions? – Bennerotte & Associates, P.A.

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Transcript: 

00:00:00 – 00:01:03

Well, we live in Minnesota and we handle cases in the upper Midwest, so we are used to bad road conditions. So, the answer is, yeah, you can still recover even if your collision was caused by bad road conditions, so long as obviously somebody else is involved. So, let’s give a for instance, let’s assume roads are icy. Let’s assume another driver loses control. They come across a center line, they hit you. Um, you’re injured. You can bring a claim. you can collect in that situation. But here’s things

00:00:31 – 00:01:30

that may develop. The insurance company a lot of times will claim what we call a weather defense. The weather defense is simply just this. They try to say, “Hey, this is nobody’s fault.” That’s a tricky defense in that case because it would likely be a situation where I’m going to say in response, “Well, hold on. Yeah, the weather was bad, but that just means that they should have driven slower for the conditions.” So weather plays a role and I think the key that I would take

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away from this is I’m listening and I have that situation would be this. The earlier I can get involved in a case like that where there’s a weather defense possibility, the better off we are so that I can get the witnesses, I can maybe get out and get photographs. I can get an investigator out cuz the earlier that I can try to find ways to dispel or lessen the impact of the weather defense, the better off I’m going to be and the more likely I’m going to be able to help a client recover. So, poses its issues.

00:01:33 – 00:02:00

Many times the insurance company will try to use it that to its advantage, but it certainly doesn’t mean you can’t recover even if bad road conditions are a contributing factor or a significant factor in a crash.