Can Environmental Factors Affect My Car Accident Claim?

The weather in Omaha is not always ideal for road travel. Sudden summer storms or winter freezes can make it too dangerous for drivers to be on the road. Other environmental conditions—such as overgrown foliage or other obstructions that can obscure traffic signs, leading to potential hazards, a poorly maintained roadway, potholes, or faulty traffic lights—can also cause car accidents. If an environmental factor is partially or wholly to blame for your recent car accident in Nebraska, find out how this might affect your claim.

Determining liability in a car accident involving environmental factors can be complex, especially when insurance companies attempt to shift blame. We at Knowles Law Firm have over 55 years of experience handling cases where hazardous road conditions, poor infrastructure, and severe weather contributed to a crash. Our team understands how to gather the right evidence to prove your claim and pursue the compensation you deserve. If an insurance company is trying to undervalue your case, we know how to push back and fight for a fair resolution.

What are the Environmental Factors Affecting Car Accidents?

Environmental factors play a significant role in car accidents, contributing to a large portion of traffic incidents. These factors encompass a wide range of conditions, including weather conditions, road conditions, traffic conditions, and road infrastructure. Weather conditions such as rain, snow, fog, and ice can create hazardous driving environments, leading to serious accidents. Road conditions, including potholes, debris, and poor lighting, can also increase the risk of a car crash. Heavy traffic and poorly designed road infrastructure, such as faulty traffic lights or inadequate signage, further complicate driving conditions.

Understanding the impact of these environmental factors is crucial when determining liability and seeking compensation for a car accident claim. By recognizing how these elements contribute to accidents, drivers and legal professionals can better navigate the complexities of car accident claims and ensure that all contributing factors are considered.

Common Environmental-Related Factors Connected to Nebraska Car Accidents

The majority of car accidents in Nebraska are caused by driver errors, such as speeding and distracted driving. However, a percentage can be traced back to factors outside of the vehicle, such as dangerous environmental conditions. Environmental factors can refer to anything in the driver’s setting or surroundings that caused or contributed to the crash. Common examples include:

• Construction zone
• Crossing animals
• Fallen power lines
• Fog
• Glare from the sun
• Heavy traffic
• Ice
• Lightning
• Objects in the road
• Obstructed views
• Rainstorms
• Road defects
• Sleet or hail
• Snow
• Storm debris

Adverse environmental conditions can lead to traffic accidents and severe injuries. Recognizing these hazards is crucial to mitigate risks and protect drivers from potentially serious outcomes.

Environmental factors can be grouped into the four main categories: weather, road conditions, traffic conditions, and road infrastructure. If any of these environmental factors cause or contribute to a motor vehicle collision, it will get brought up during an insurance claim – often in an effort by the insurance company to avoid a payout. If your car accident case involves an environmental condition, be prepared to navigate this complication.

Human Error and Environmental Factors

Many car accident cases involving dangerous environmental conditions do not only involve the environmental factor. They also involve the blame of one or more drivers – such as a driver who did not reduce his or her speed in wet conditions or a driver who failed to avoid a highly visible pothole. This can lead to that driver being held at least partially responsible for the car accident.

When fault for a car accident is divided between multiple parties, such as a motor vehicle driver and a dangerous road condition, this can reduce the liability of the driver. This means that the driver’s insurance company will be responsible for a smaller percentage of the victim’s medical bills and property damage. However, this rule also makes it possible to file a car insurance claim against a driver even if environmental conditions contributed to your crash. It is strongly recommended to seek legal advice and retain an attorney. This will help you to understand your rights and potential claims, especially when environmental conditions contribute to the accident.

Some car accidents are entirely caused by an environmental factor, such as a pothole that causes a tire blowout and rollover accident. While you may assume that you cannot hold anyone responsible for a crash purely caused by a dangerous environment, this is not always the case. If a road defect or dangerous road infrastructure contributed to your accident, you may be able to sue the government that should have ensured the safety of the road’s design and maintenance.

If an insurance company believes that your car accident was caused by an act of God – such as a bad storm – and that no one is to blame, your only option for making a financial recovery is a first-party claim. To receive compensation from your own insurance provider, you must have purchased optional types of insurance in Nebraska, such as comprehensive insurance. This will cover repairs to your vehicle from any cause, including bad weather or an animal.

Establishing Liability in a Car Accident Claim

Establishing liability is a critical step in any car accident claim. Liability refers to the responsibility of one or more parties for the accident. When environmental factors contribute to a car accident, liability may be shared among multiple parties. For instance, if a car accident occurs on a poorly lit road, the government entity responsible for maintaining the road may be held liable for not ensuring proper lighting. Similarly, if a car accident happens during inclement weather, the at-fault driver may be held liable for not adjusting their driving habits to suit the weather conditions.

In such cases, it is essential to examine all contributing factors to determine who is responsible. This may involve assessing the actions of the drivers involved, the condition of the road, and the prevailing weather conditions at the time of the accident. By thoroughly investigating these elements, it is possible to establish a clear picture of liability and ensure that all responsible parties are held accountable.

Gathering Evidence for a Car Accident Claim

Gathering evidence is a crucial step in building a strong car accident claim. Evidence can include police reports, witness statements, photographs, and videos. When environmental factors contribute to an accident, it is essential to gather specific evidence that supports this aspect of the claim. For example, if a car accident occurs on a road with poor lighting, photographs of the road conditions can be invaluable. Similarly, if a car accident happens during inclement weather, weather reports and expert testimony can provide critical support.

Other types of evidence that can be useful include dashcam footage, maintenance records for the road, and any previous complaints about the road conditions. By compiling comprehensive evidence, it becomes easier to demonstrate how environmental factors contributed to the accident and strengthen the overall claim.

Proving Environmental Factors Contributed to the Accident

Proving that environmental factors contributed to a car accident is a critical step in a car accident claim. To establish this, it is essential to gather and present evidence that clearly shows the impact of these factors. This can include expert testimony from meteorologists or road safety experts, weather reports, and photographs of the road conditions at the time of the accident.

For instance, if icy roads were a factor, weather reports indicating freezing temperatures and precipitation can be used to support the claim. Similarly, photographs showing the presence of potholes or debris on the road can help prove that road conditions played a role in the accident. By presenting a well-documented case, it becomes possible to demonstrate the influence of environmental factors and secure the compensation deserved.

How a Car Accident Lawyer Can Help: Contact Knowles Law Firm Today

Insurance companies are notorious for using tricks and bad-faith tactics to avoid large payouts. If you’re struggling to obtain the financial compensation that you deserve after a car accident that involves environmental factors, contact a car accident attorney in Omaha for assistance. An attorney from Knowles Law Firm can help you combat insurance company tactics and protect your rights if the insurer is trying to blame your accident on something other than its policyholder’s negligence.

You don’t have to handle this alone. We will investigate your case, gather critical evidence, and push back against insurance companies that try to deny or reduce your claim. If a government entity or another party failed to maintain safe roads, we can explore legal options to ensure you receive fair compensation. Contact us at (402) 431-9000 or through our contact form to discuss your case.