There are many road conditions that can occur that limit or greatly reduce visibility. If a driver cannot see the road or other vehicles clearly there is a greater chance that accidents will occur. When accidents happen under these conditions insurance companies, investigators, adjusters and potentially juries and judges are left with the task of determining fault. Car accidents resulting from poor visibility issues are often multi-car wrecks, leading to a much higher risk of fatalities and serious injuries.
Who Determines Fault?
In all vehicle accidents the insurance company will determine which driver or drivers are at fault for the crash. Police do not determine fault, however they may be involved in prosecuting a driver for violations of the traffic code that caused or contributed to the accident. Determining fault, car accident cases with injuries or without, is always done by the insurance company adjuster or investigator. The insurance company may use the police report in the determination of fault, especially if the report noted road conditions and visibility issues and identified a breach of duty by one or more drivers.
Driver Duty
Every driver has a duty to drive in a responsible manner based on the conditions of the road. This means that the driver must adjust his or her speed, distance between vehicles and driving style to match the road and environmental conditions. Driving at the speed limit of 60 mph may be a breach of duty if there is a heavy rain, fog or slippery road conditions and an accident occurs. This type of breach of duty will result in that driver being found at fault although they were operating the vehicle within the posted speed limit.
Obstructed Vision
In some situations there may be an obstruction on the road or beside the road that causes a reduction in visibility. This can include large trees, fences or other obstacles that limit a driver's ability to see onto the roadway or to clearly see oncoming traffic. In these types of accidents it is important to seek a qualified attorney to represent you with your insurance company or in a settlement hearing. He or she will ensure that issues regarding limited visibility outside of your control are addressed and factored into determining fault.
Seek Legal Representation
Although the insurance company will determine fault, an attorney can appeal the decision and present additional facts and information to the adjuster or insurance company investigator to ensure you are not found at fault. In states with comparative negligence laws this is extremely important in getting the settlement you deserve without being penalized for the part of the accident the insurance company is attempting to hold you responsible for.
