Our Maryland snow car accident lawyers represent victims during the winter months with unfortunate regularity. The issue with snow is it makes it more challenging to maintain control of your car or truck. Under the law in Maryland, that does not matter. You still have a legal obligation to account for the snow or ice, behave prudently, and avoid accidents. If the adverse driver breaches this legal duty, our Maryland accicdent lawyers will proceed against them accordingly. This duty, one of the four elements of a negligence claim, requires that a driver behave as a reasonably prudent person would in like circumstances. This is a standard that is dependent on the unique facts of each case. In this instance, a reasonably prudent person would notice that there is snow on the ground and drive more slowly.
This is why the argument that you could not see black ice on the ground fails. If you know that it has been snowing, as you should, then you cannot blame black ice. The good news is that the same is true when someone causes an accident with you. They may say you breaked too hard in light of the circumstances. The adverse driver may say that they could not slow down after your lane change because of the conditions. However, there is an expectation that everyone drives more slowly in adverse weather conditions. Thus, the same legal burden on you is on everyone else. Our Maryland snow accident lawyers will assist in securing the maximum resolution for your injuries.
Give a call today for a free case evaluation at (202) 331-7227.
Many aspects of driving in snow make it dangerous. First, when the snow is still falling, it can reduce visibility. It can actually be worse than when it is raining due to the thickness and opacity of the flakes. While one might expect the white color of snow to light up the road more than rain, this is not the case to a material degree. Snow is not creating light. So, snow can affect visibility even during the daytime.
Meanwhile, regular rain is unlikely to reduce visibility to the same extent. Snow is also more slippery than rain. This is not even considering ice. But snow itself can be far more challenging on tires than rain. This is one reason why cars have winter terrain tires available.
In the wintertime, we recommend getting winter tires on your car and only driving four-wheel drive vehicles when there is snow on the road. Otherwise, it is far more likely that your car will lose traction and you will cause an accident. Regular tires have treads that become full of snow as you drive on them. Winter tires, on the other hand, are designed to avoid this problem. Thus, you will have more success gripping the road, turning, and accelerating. On the other hand, without winter tires, you are more likely to have trouble braking and may even rear-end a car on the road. Unfortunately, the state of Maryland probably will not be liable for lack of salt on the ground as some potential clients may believe.
Another common issue in the snow is it becomes more challenging to view road markings. This is another problem that distinguishes snow from rain. In the rain, you cannot see road markings, such as the yellow paint separating directions on the road, if it is too dark and raining so hard that you cannot see through your windshield. But in the snow, snow can completely cover these markings. Then, drivers find themselves relying on track marks left by previous drivers.
The problem is that tire marks can be misleading. It can sometimes be difficult to distinguish which marks go in which direction. Unsurprisingly, this can lead to catastrophic head-on collisions. Hopefully, drivers have enough sense to drive only slightly in such conditions. But, no matter how fast you go, a head-on collision is trouble for all parties.
Moreover, covered road markings may cause you to not be able to read an important road sign. In part, this is why we paint stop signs and yield signs red. Ideally, at least some of the sign is poking out through the snow so you can at least see the color and understand that you must yield to or stop for traffic. And while that pop of red can save lives, the same is not true for stop lines. Consider an intersection.
With stop lines and crosswalks hidden, drivers may stop too far into the intersection or too far back. This creates confusion and icnreases the risk of a t-bone collision. Moreover, determining who is at fault in these instances can be tricky. If you are in any such accident, call our firm today for a free consultation.
Another reason snow is more dangerous than mere rain is that snow reduces visibility. Due to the potential thickness of snow, it certainly reduces visibility as it is falling. But it also reduces your ability to see hazards on the road that are beneath the snow. This is a major problem because you will ultimately be held responsible if you run over an object on the road and subsequently crash into another vehicle.
Of course, the person who left the item on the road may also be liable, but tracking down who that driver was can be immensely difficult. Of course, this rule goes the other way too. If a car runs over an object under snow, loses control, and hits your vehicle, you should have a viable claim. Even a thin layer can hide potholes, uneven pavement, debris, and patches of black ice. These hazards can cause a sudden loss of control, especially at higher speeds or when a driver is braking or turning. In residential areas, you are more likely to hit a curb or median if the snow is deep enough.
Even something as simple as a drain storm underneath snow can disrupt traffic or pull your car off its path enough to drift you into another lane. Accordingly, while we talk more on how to stay safe while driving in snow in the next section, it is always best to avoid driving in unsafe conditions like a snowstorm whenever possible.
In addition to considering winter tires and driving a car or truck with four-wheel drive, we recommend maintaining a safe distance between you and the vehicle in front of you. Regardless of the weather conditions outside, you must keep your car safe and under control. If you hit someone in an accident, you are responsible. This is true regardless of the weather. A reasonably prudent driver adapta to the circumstances. The plaintiff cannot sue the weather for not controlling your vehicle. Moreover, it is rare that the state of Maryland would be liable for snow on the ground. While you may argue that the state should prepare better and salt the roads, even if that is true, proving that a lack of salt is the legal cause of the accident is next to impossible.
I would like you to consider the circumstances of your travel. If you are in an isolated section of Maryland, where no one else is around, or emergency services may not be able to find you, consider waiting for conditions to improve before venturing out. Some Maryland drivers get stranded without cell service and are stuck freezing for hours because their cars are stuck. So before driving out into a storm, ask yourself if it is necessary.
We caution drivers to be weary of other drivers. While you must focus on maintaining control of your vehicle, and there is little you can do to control other drivers, driving defensively in the snow is as important as ever, this is not necessarily the legal standard. Instead, your duty as a driver in Maryland is to behave as would a reasonably prudent person who is also driving in the snow.
This also relates to making a claim. In Maryland, you may not be negligent in claiming another driver’s negligence. If you are, the defense should raise a defense known as contributory negligence. This means you may not be even 1% negligent yourself. What is a breach of duty in the snow may differ from what is negligent under normal conditions. Furthermore, anything that happens to you that is reasonably foreseeable from the defendant’s perspective, you may obtain compensation for so long as you can prove it by a preponderance of the evidence.
Evidence always seems to disappear quickly. This is more true than ever after a crash in the snow. Snow melts, plows pass through, tire tracks distort, and hazardous conditions can change before anyone has a chance to document what happened. While this may feel challenging, and it can be if you are in too much pain to document the scene, star with photographs and videos.
These are generally admissible in a Maryland state court and can capture the position of the vehicles, th econdition of the road surface, snow accumulation, visibility, and any hidden hazards such as ice patches, unpolowed areas, or snowbanks. It also paints the picture for a jury or judge, positioning you as the one who came to court prepared.
After decades of experience, the first thing that comes to mind regarding dealing with insurance companies after a winter accident in Maryland is that it may be slower to get a response due to the holiday season. Thus, it is good to set expectatoins early regarding timelines during this period of the year. But focusing a bit more on the claims themselves, insurance adjusters can be difficult in arguing these claims, often misrepresenting the law against your favor.
Even if you are struck from behind, the insurance company may argue that the collision was unavoidable due to snow or ice. Thus, their client would not be responsible for your injuries. However, this is not the case. At most, they would be one of at least two responsible parties. But in either event, our firm may hold them responsible for your entire case. The applicable theory is joint and several liability.
Unfortunately, this defense from the insurance company may lead them to denying your claim altogether. This is one reason of many why you should contact a snow accident law firm. As you head into your consultation, it helps to document everything. Keep copies of photos, weather reports, repair estimates, and medical records.
We require evidence to win your case. That is because the burden of proof is on us as the plaintiff. Accordingly, the more evidence we have to use against the insurance company, even for settlement purposes outside of court, the better.
Many drivers would like to blame the Maryland State Government or even the federal government for an accident for various reasons in the snow. And while it is true that the federal government has authority over channels of interstate commerce under the Commerce Clause Among of the U.S. Constitution, the state tends to hold more liability than the Federal Government.
The most common reasons why drivers believe the State may be liable is due to black ice being left untreated after an ice storm. However, it is exceedingly unlikely that Maryland will be responsible for a rear-end collision in black ice. Firstly, Maryland law gives broad discretion in how the State responds to winter weather.
Even if Maryland does not salt the roads or otherwise “treat” the roads, you are unlikely to have a case. Courts understand that road crews cannot instantly eliminate every hazard during a storm. It has to be reasonably safe for the crews to get out and treat the roads, too. Moreover, proving that the lack of salt is the proximate cause of your accident is next to impossible.
If you rear end another car over black ice, who is to say that you braked in time? And worse yet, even if you did brake in time, Maryland law holds that you should still behave as would a reasonably prudent person. That means allowing more of a gap between you and the car in front of you. It also holds that you should drive slower, brake sooner, and take other steps that a responsible driver would take in the snow or on ice.
Snow and ice collisions can seen straightforward at first. In some instances, the adverse insurer may even make a settlement offer. However, that offer in advance of any medical treatment is, more often than not, a ploy to get to you before you retain counsel. Insurance companies are smart. Billions of dollars are on the line. Thus, they make smart decisions to maximize their profits.
This includes getting to you before you hire a lawyer, at which point they are legally prohibited from speaking to you without permission from your attorney. We know that it is virtually impossible to know the true value of your case until you are done with your medical treatment. Thus, we will let your case grow until we maximize its value. Then, we reach out to the insurance company to negotiate a fair offer.
If we do not receive an offer that we deem appropriate for your case, we will recommend you reject the offer, and we will proceed with litigation. Below are a few key instances where you should strongoly consider hiring an attorney:
Our attorneys have practiced personal injury law in Maryland for nearly 70 years. Our attorneys can explain the filing process to you, what your case is worth, assist in settling your case, the odds of winning, what to do after an accident, joint injuries, whether you need a lawyer and much more. Call today for a free consultation if you are in an accident and have a viable claim. Our office number is (202) 331-7227.
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