On November 29, 2022, the Denver Metropolitan Area saw its second significant snowstorm of the season and with it came slippery roads and walkways.
There is a common misconception that if you are injured as a result of bad weather conditions, then it is an “Act of God” and you are unable to pursue a claim for damages. This is not always the case, but of course, this depends on the individual circumstances.
The law is clear that, if you’ve been hurt because someone else was negligent then you are entitled to damages and to recover your losses.
To establish negligence for personal injury sustained because of bad weather conditions, the main things to consider are:
- Did all those involved act appropriately?
- Were precautions taken in a timely manner?
- Did the person or organization against whom a claim is contemplated fulfil their legal obligations?
There are of course many causes of personal injury resulting from adverse weather conditions, two of the main ones are considered below.
Premise Liability Injuries
All Coloradans are familiar with having to shovel and remove snow and ice from sidewalks and other surfaces. This is a duty most of us take very seriously. However, there are times when property owners fail in their duties. Significant and serious injuries are very common from slip and falls on icy surfaces. Colorado has adopted a statute, The Actions Against Landowners Act, C.R.S. § 13-21-115, et. seq., which sets forth a landowner’s duties and responsibilities in these situations. When you are injured because of the slip and fall it is very important that you seek the counsel of an experienced personal injury attorney.
Motor Vehicle Collisions
Traffic accidents can be caused by several reasons. Factors that can contribute to road traffic accidents in bad weather conditions are:
- Visibility
- Poor road conditions
- Snow/ice
- Other motorists’ behavior
- Roadside debris
Motorist are required to exercise reasonable care under all the circumstances. This means that you are obliged to take reasonable care to ensure any action you take, or any action you fail to take, does not cause injury to another road user. For example, in adverse weather conditions, if visibility is poor, or a road is badly flooded, then a sensible driver would either avoid the area if possible or proceed with extra care. Those who simply proceed at normal speeds, causing accident and injury, would have limited scope to claim that the weather was responsible.
There are many things to consider when determining liability for a motor vehicle accident. Not only of the actions of the party causing injury but the actions taken by the injured party or the regulatory agency. In order understand these matters and receive compensation for the injuries suffer again you should seek out the services of an experienced personal injury attorney.
The lawyers at Daniels & Scriven, P.C., have been helping injured people for over thirty-years. Reach out to us day or night at DanielsScrivenlaw.com or 720-303-8591.