Kansas City is no stranger to the nuances of winter - the cold and dreary days, the blanket snowfalls in the morning, and those hidden patches of ice that send your vehicle slipping out of control. As a "fault" state when it comes to car accidents, injured drivers, passengers, or pedestrians may need to prove which vehicle primarily caused the accident, and when ice is thrown into the mix, proving fault becomes much more difficult.The Popham Law Firm has some of the leading Kansas City personal injury and car accident attorneys, but even with our years of experience helping hundreds of individuals with their personal injury cases, the old "ice caused the accident" conclusion always presents numerous legal challenges when proving fault, partly because it can be true and partly because ice can't be held liable.If you were injured in an accident, don't hesitate and get the legal representation who'll fight for you. Call Popham Law today at (816) 221-2288.
How the Insurance Company May Determine Fault
Bad weather that can cause icy conditions is, for thousands of people in Kansas City, not enough to skip work, stay at home from school, or forego daily chores and other tasks. In other words, when the conditions are ripe for icy roads, you may still need to get behind the wheel.In general, Missouri is a "comparative fault" state. If you file a claim under the other party's insurance (or file a lawsuit in court), and ice is the reason for the accident, then the insurer may find that both drivers were at fault and only pay partial costs for repair of your car.However, Missouri law states that the insurer must fully investigate the accident and document its basis for that determination.Lastly, it's important to remember that, despite the icy conditions, certain life-related requirements essentially force people to get behind the wheel. The insurance company or the court, however, may take a stance such as: "you drove at your own risk; you knew there would be icy conditions."In other words, the insurer or the courts will determine the amount of fault for both drivers. Because Missouri is a comparative fault state, and if the insurers or the courts find that ice was the true cause of the accident, the degree of fault may be split 50/50.
Can You Appeal the Fault Decision?
Believe it or not, but some people will blame the ice for their reckless or negligent driving behavior. And if you were on the receiving end of this recklessness, and the courts found ice to be the culprit even though you knew it wasn't true, you have the right to appeal the decision. This is also true if you are blamed for the accident, but you are certain that you were driving fine and that bad weather was a primary cause for your sudden lack of control, which led to the accident.Unfortunately, most insurance companies won't use weather as the sole determining factor, and unless you can show that the other driver contributed to the fault, the decision will most likely stand.
Call the KC Personal Injury Attorneys at Popham Law
If you were injured in a car accident due to icy roads in Kansas City or the surrounding areas, then you should consider calling the KC personal injury attorneys at Popham Law. With years of experience representing clients just like yourself, and having taken cases involving ice and other weather-related conditions, we fully understand the nuances to these cases. For a free consultation with our attorneys, call our downtown Kansas City law firm today at (816) 221-2288.
