The Hoffmann Law Firm, L.L.C. Articles St. Louis Car Accidents on Flooded Roadways

St. Louis Car Accidents on Flooded Roadways

By Christopher Hoffmann  Sep. 18, 2019 9:38a

Nearly 2.5 million people in the US are injured in car accidents every year. Crashes are also the leading cause of death among healthy adults.

When you think about ways to prevent car crashes, the focus turns to you, the driver: exert caution, keep your eyes on the road, respect the speed limits, and avoid driving in poor weather conditions.

But for the later, this is sometimes unavoidable. If a storm catches you while behind the wheel and consequently floods the road, you may have no other choice than to either pull over or continue your journey. But if you then get into a car accident, who will pay for compensation?

There Are Many Layers to This Issue

In Missouri, car accident victims have the right to be compensated for the pain and suffering caused by a car accident. The at-fault driver will cover your costs through their car insurance, which ultimately means you’ll have to file a claim with the insurance company and negotiate a fair settlement with them.

However, floods and poor weather, in general, may make matters a bit more difficult. In a normal situation, you’ll have to prove the other driver was negligent and therefore caused the accident. But, when the weather works against everyone, that may be hard.

In some cases, the other driver may still be at fault. For example, if they were breaking the law in any way, such as speeding in poor weather conditions, or using a smartphone while driving, then it is clear their action was at least in part what led to the accident. As a result, you can resume the process of filing for compensation as usual.

When the Other Driver Isn’t at Fault

In other situations, the driver who hit you may not be fully at fault. For instance, if they were driving in a flooded road, and did not see a big pothole, went over it, and lost control of the vehicle and hit you, then the issue gets complicated. One possible liable party would be the government institution in charge of fixing the pothole on that particular road, though it may be difficult to get compensation from these institutions.

When the driver who hit you isn’t necessarily at-fault for the accident, then your best option for covering your medical costs post-accident may be through your health insurance. Your car insurance policy may also cover the repairs the vehicle needs as well. Carefully read your policy to see what kind of coverage you have.

Sometimes, one small detail can make or break a case. Before you give up the fight to get compensated, first contact an experienced St. Louis car accident attorney and have them take a look at your situation.

They can analyze the case and establish if you’ll be able to seek compensation from the other driver or any other potential at-fault party.

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