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Poor Visibility Accidents

Massachusetts Lawyer for Victims of Vehicle Collisions

There are many reasons that accidents happen on the roadway, and in a severe weather state like Massachusetts, poor visibility is often at play. When winter storms cloud the skies, it can make it extremely hard for drivers to see what’s ahead, requiring them to use serious caution and care when traversing the roadway. Poor visibility can also happen due to signage or trees obstructing the roadway, as well as poorly designed roadways that have blind turns. Construction sites can also reduce drivers’ ability to see what’s around them in an easy fashion. A Massachusetts car accident attorney at our firm has experience handling a wide variety of personal injury cases, including car accidents that involve poor visibility. Contact us to start learning more about whether you may be entitled to compensation for your injuries.

Poor Visibility on the Road

When it comes to winter weather, snow, sleet, freezing rain, and severe wind can make driving an absolute nightmare. Although traffic accidents can take place virtually any time during the year, winter makes driving much more dangerous for Massachusetts residents. Even if you are exercising extreme caution and driving how someone should during a winter storm, this does not prevent you from falling victim to a careless or reckless driver.

Massachusetts does not have specific laws governing how someone should drive in severe weather, but Mass. Gen. Law Chapter 90, Section 24 prohibits reckless driving, which is defined as driving that is likely to result in death or serious injury to another person, and that demonstrates a failure to appreciate the risk caused by driving in this manner.

If your accident was due to another visibility issue such as driving towards sunset, blockage from obstructing trees and shrubs or street signs, or a construction site, the reckless driving law still applies. Drivers also owe one another a duty to operate their vehicles in the same prudent and careful manner that a reasonable driver would use, which includes reducing speed or exercising caution when encountering poor visibility.

Seeking Compensation from a Negligent Driver

After you are involved in a poor visibility accident, you probably have questions about how to determine whether you are entitled to compensation and who is at fault. One of the first things to do in an accident where you suspect poor visibility is involved is to gather as much evidence as possible, including photographs and witness statements. In the lawsuit, you will be required to show that the other driver failed to use reasonable care and skill when driving, and that as a direct result of this failure, you suffered foreseeable damages. An example of negligent driving during winter weather would be failing to reduce your speed to account for slippery road surfaces. Having photographs or testimony to attest to the weather or road conditions can help show that the other driver failed to act accordingly. You can also consider having a police report prepared before everyone leaves the scene of the accident. These reports include facts regarding the circumstances surrounding the accident. A skilled car accident lawyer can help you gather all of the appropriate evidence.

After showing that the other driver failed to act appropriately, you must show that your injuries happened as a direct result of this failure in order to recover damages. This means that if the other driver can point to some other substantial factor as having caused your injuries, you won’t be entitled to recovery. Examples include a poorly designed roadway or your own contributory negligence, such as failing to reduce your speed during inclement weather. After proving causation, you will be asked to offer evidence supporting the damages that you are seeking in the lawsuit, such as past and future medical expenses, lost earnings, and pain and suffering.

Dedicated Car Accident Attorney Serving Massachusetts Residents

A seasoned car accident lawyer at our firm is available to serve clients in areas around Boston, Cambridge, Lowell, Newton, Somerville, Waltham, Quincy, Dedham, Norwood, Brookline, and Peabody. We understand what accident victims need most during this traumatic time, including responsive and diligent representation. To schedule a free consultation, call us at  (800) 262-9200 or contact us online to get started.

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