Snow and Ice Accidents
If you or someone close to you is dealing with injuries and expenses in the aftermath of a car accident, the Wheaton and Schaumburg car accident lawyers at Therman Law Offices are prepared to provide compassionate legal representation. Our emphasis is assessing the specific factors of each case, and tailoring our strategy to pursue justice and compensation for our clients. We understand the devastating physical and emotional impact of a car accident upon victims and their families, particularly accidents that occur in treacherous winter road conditions. Our lawyers possess a combined 35 years of experience, and will work diligently on your behalf.Recovering Compensation After Suffering Harm in a Snow and Ice Accident
The devastation that occurs in a snow and ice accident can range from minor injuries to serious fatalities. The National Highway Traffic Safety Administration has found that 17 percent of vehicle crashes take place in winter weather. Causes of car crashes vary, but many accidents are caused by negligent drivers who operate their vehicles in an unreasonable manner. When a driver or other party is responsible for causing a vehicle collision that leads to injuries, the victim may be able to hold them legally accountable by pursuing a negligence claim. The elements of a negligence claim are duty, breach, causation, and damages.
All drivers must fulfill a duty to avoid causing foreseeable harm to others on the road. Generally this duty means acting with a level of care that a reasonable person would exhibit under the same circumstances. When individuals choose to operate their vehicles in snow or ice, they are required to engage in safe, weather-appropriate driving behavior. This may include slowing their speed, maintaining a safe following distance, or using snow tires to better control the vehicle. Additionally, relying on headlights at all times can help drivers to avoid black ice, and regular maintenance of the vehicle, including tires, can help prevent accidents. A driver twho fails to operate their vehicle in a safe and reasonable manner and causes an accident may be found to have breached their duty of care, and can be held legally accountable for any resulting harm.
In some situations, an organization or municipality may breach their duty of care, causing a snow and ice accident. For example, an improperly designed roadway or a construction site that was not maintained may expose the entity in charge to liability. A dedicated car accident lawyer can help you identify all potentially at-fault parties following a collision.
As a final step in their negligence claim, vehicle accident victims must set forth a full assessment of the damages they have suffered. This may include future medical care as well as anticipated changes in earning potential due to an inability to return to a former vocation. Accident injuries can also lead to emotional harm, such as depression, and in many situations, damages will extend to emotional pain and suffering.Defenses
After being sued for negligence under these circumstances, the defendant driver may claim that the snow or ice was an “Act of God,” which legally may help them to avoid liability. Additionally, the defense may try to claim that the victim contributed to the accident through their own negligence. Because Illinois follows a modified comparative negligence law, a plaintiff who is deemed to be at fault can still recover their damages in an amount reduced by their percentage of fault. However, if the plaintiff is determined to be 50 percent or more at fault, they will be barred from recovering damages.Dedicated Lawyers for Car Accident Victims in Wheaton and Schaumburg
After suffering injuries in a vehicle collision in Schaumburg or Wheaton, you may be entitled to compensation from the at-fault party. At Therman Law Offices, our dedicated car accident attorneys provide ongoing communication and representation as we advocate on your behalf. To better understand your rights and secure a no-obligation consultation, call our office at 312-588-1900 or contact us online. We represent injured victims in cities including Edison Park, Norwood Park, Norridge, Harwood Heights, Elmwood Park, Des Plaines, Park Ridge, Rosemont, Mt. Prospect, and Elk Grove Village.