Fogginess Can Make Your Car Accident Case More Complicated

21 July 2020
 Categories: Law, Blog

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Driving in fog is very dangerous and motorists often fail to see other drivers. You might feel a sense of danger when driving through fog and you should use this feeling as motivation to drive as safely as possible. The best way to avoid an accident in the fog is to avoid driving in it. However, not everyone is able to follow this rule and fog can appear unexpectedly. Therefore, if you are involved in an accident when it is foggy outside, you might have a difficult time proving fault without the help of a car accident lawyer. 

The Night of the Accident

As a safe driver, you adjusted your speed to account for the fact that it was foggy outside. Unfortunately, some drivers do not follow safety precautions even during inclement weather and may even speed. Switching lanes while speeding will increase the risk of a car accident. Some drivers may even use cruise control and may fail to turn on their defrosters. Failing to turn on a defroster will possibly make it impossible for the motorist to see the road.

Another issue is when a driver decides to pull over by the side of the road when he cannot see. While this might have good intentions, another driver might not see the motorist pulled over by the side of the road. What the driver should do instead is pull into a rest stop or a parking lot.

Liability During a Foggy Accident

When the driver behaves in a negligent manner while driving under foggy conditions, he may be found responsible for the accident. However, there are some cases where the negligence of the driver is in dispute and the other driver's insurance provider might also claim that the accident was simply an act of nature that couldn't be prevented. However, this often doesn't stand up in court because fog can be foreseeable. 

Speeding When It is Foggy Out

There are no specific rules for how fast you should drive under foggy conditions. Both drivers are expected to show caution. Therefore, a dispute might arise regarding whether the other driver involved in the accident was showing an appropriate level of caution. For this reason, it's important to work closely with a car accident lawyer who can help you gather evidence such as eyewitness testimony and expert witness testimony to help you prove that your version of the events is true.

If you feel like your car accident case is complicated, waste no time in finding a car accident lawyer.