Weather plays a critical role in many accidents and injuries, influencing everything from the behavior of drivers to the condition of roadways and equipment.
When inclement weather brings icy roads, heavy snow, and strong winds, it can contribute to a range of traffic incidents. Adverse weather conditions also affect workers on the job, cause fall accidents, and even lead to product liability claims.
In this article, we explore how weather conditions affect personal injury claims and how a personal injury lawyer from Costa Ivone, LLC, can help you navigate these tricky situations. Our goal is to secure you the compensation you deserve, whether you were injured in a car accident, a slip-and‐fall, or any other weather-related incident.
Weather’s Role in Car Accidents
Adverse weather conditions contribute to a significant percentage of car accidents. Annually, slush, snow, and icy pavement contribute to 24 percent of weather-related crashes, and snowfall and sleet contribute to 15 percent.
Illinois law expects drivers to take proper precautions before driving and to adjust their behavior by:
- Reducing speed, especially in reduced visibility or icy conditions
- Maintaining a safe following distance
- Ensuring that their vehicles are properly maintained
If a driver loses control of a vehicle and an accident occurs, courts and insurance companies will scrutinize whether he or she reduced speed and adapted driving habits to the conditions at hand.
Autonomous Cars and Adverse Weather Conditions
Adverse weather can also expose or exacerbate issues with defective products, such as autonomous vehicles. While self-driving cars are designed to navigate safely, adverse conditions like fog, rain, or even layers of mud and dirt can impair sensor function. Even in relatively clear weather, self-driving cars may struggle under less-than-ideal conditions, which can potentially lead to accidents.
Winter Weather Conditions and Vulnerable Drivers
Poor weather conditions may cause additional challenges for some drivers. Elderly drivers may experience slowed reaction times and impaired vision due to winter conditions.
Teenage and inexperienced drivers may be involved in weather-related accidents if they don’t know how to adapt to reduced visibility, sudden emergencies, and loss of traction. Furthermore, wintery conditions can trigger medical emergencies, including hypothermia, stroke, and cardiac arrest.
Weather-Related Factors in Truck Accidents
Commercial trucks, buses, and other business vehicles are often on the road during severe winter weather, facing high risks that demand constant vigilance. Truck drivers, in particular, operate large, heavy vehicles that are much more difficult to control on icy roads.
Truckers are expected to exercise heightened caution. When they fail to do so, liability can be significant, and the repercussions for injured parties can be severe.
The legal responsibility for safe operations does not end with the driver; it extends to fleet managers and the companies that own and operate commercial vehicles. Proper fleet management requires constant oversight, regular maintenance, and a commitment to safety.
When a company neglects these responsibilities, it creates a situation where accidents become likely, and the resulting claims can be extensive and complex.
What if evidence shows that a fleet vehicle was not properly maintained or that the driver was pressured to operate in dangerous weather conditions? The company may be held responsible not only for the injuries sustained by its driver but also for any harm caused to other road users.
Weather-Related Hazards on Public Roads
In Illinois, state and local agencies are responsible for ensuring that roads are safe for everyone.
Negligent road maintenance occurs when these governmental agencies fail to address known dangers, and that failure directly contributes to an accident. When maintenance is neglected, hazards such as unsalted roads, unplowed highways, broken guardrails, or missing warning signs can lead directly to accidents.
The concept of “sovereign immunity” means that suing a state government agency, local municipality, or government employee for negligence isn’t always straightforward. If you’re injured due to clear negligence, then you might have grounds for a claim. In these cases, a personal injury lawyer can help establish that the responsible party — whether a government agency or a contracted maintenance company — failed in their duty to keep the roads safe.
On-the-Job Personal Injuries and Inclement Weather
Workers who are exposed to extreme weather conditions while on the job may suffer injuries that fall under workers’ compensation claims. Construction workers, delivery drivers, farmworkers, utility personnel, and other outdoor workers are particularly vulnerable in extreme cold or heat.
According to one report, from 2011 to 2020, around 33,890 work-related heat injuries and illnesses requiring time off from work, and 479 deaths occurred.
Employers have a legal duty to monitor weather forecasts and driving conditions, take precautions, and make decisions that prioritize the safety of their workers. This includes allowing employees to postpone or cancel work in conditions that are life-threatening.
Workers have the right to refuse work if conditions are dangerous without fear of discipline, discrimination, or termination. When employers fail to provide a safe working environment or neglect to postpone work during dangerous conditions, they may be held liable under workers’ compensation laws.
Pedestrian Fall Accidents and Bicyclists
Property owners, whether private or governmental, have a duty to ensure that walkways, parking lots, or other public areas are safe. They are expected to take proactive measures, such as timely salting or shoveling snow, to minimize the risk of injury.
For bicyclists, neglected roads coupled with bad weather hazards like wet surfaces or fallen debris can lead to severe injuries. If a property owner’s failure to ensure safety in poor weather conditions led to you suffering a personal injury, you have the right to pursue a property liability claim.
The Role of a Personal Injury Lawyer
Navigating a weather-related personal injury claim is much like trying to untangle a complex knot. Every thread — from driver behavior to road maintenance — can influence the outcome.
This is where an experienced personal injury lawyer from Costa Ivone, LLC, comes in. We can help:
- Review all evidence: By gathering accident reports, weather data, and witness testimonies, a lawyer can piece together the factors that led to the accident.
- Establish fault: Using Illinois’ modified comparative negligence system, your attorney can help demonstrate that even if you share some responsibility, you may still recover damages as long as your fault is less than 50 percent.
- Challenge insurance claims: Insurance companies may claim that adverse weather was the sole cause of the accident. If you can show that another driver’s negligence or poor vehicle maintenance contributed to the crash, your lawyer can challenge that narrative.
Care Facilities and Weather-related Personal Injury Claims
A claim for negligence can be made if a care facility fails to provide proper care during extremely hot or cold weather. This can lead to an elderly loved one suffering heat illness, cardiac arrest, seizures, severe dehydration, or aggravated health conditions.
For example:
- Neglecting to ensure proper hydration and appropriate clothing
- Failing to adapt care routines
- Overlooking medication reactions (Psychiatric medicines such as antidepressants, blood pressure, and allergy medications, diuretics can react to heat or cause dehydration)
- Failing to adapt to a patient’s diet
- Poor climate control, such as a lack of heating or air conditioning
- Neglecting to respond to symptoms of heat-related illness or medical emergencies triggered by the cold
Older children and teens may not recognize symptoms of heat illness, and young children may not be able to express what they are feeling. Minors of all ages are as susceptible to temperature-related illness, medication reactions, and aggravated health conditions.
Expecting the people to whom you have entrusted your loved one to provide proper care and compassion isn’t too much to ask.
Reliable Guidance for Weather-Related Personal Injury Claims
At Costa Ivone, LLC, our team is ready to stand by your side and fight for your rights, no matter how stormy the conditions may be. We are committed to guiding you through every step of your personal injury claim.
If weather contributed to your accident and you have suffered serious injuries, know that you do not have to face these challenges alone. Let our team of compassionate and experienced lawyers help you seek justice and the settlement you deserve. Contact Costa Ivone, LLC, today to schedule a FREE consultation and begin the process of protecting your rights.
