Rear-end accidents rank as one of the most common types of car crashes, with nearly 2 million incidents occurring in the U.S. annually. Although the majority of these accidents do not result in fatalities, they can still inflict significant injuries and property damage when they occur. In the presence of snowy or icy roadway conditions, personal injury claims involving rear-ended vehicles can become particularly complex and if you or a loved one have been involved in such an incident in the state of Indiana, it’s important to know your rights as an accident victim.
In most cases, a driver who rear-ends another vehicle is typically found to be at-fault. This also proves true under inclement weather conditions. Although drivers have no control over the weather, they do have the choice to drive in poor conditions and are required to exercise greater caution when doing so. Failing to adjust driving behavior to account for bad weather, which includes icy or snowy conditions, is often seen as a breach of a driver’s duty to exercise reasonable care on the road.
There are instances when the driver of a lead vehicle can be found partially or fully at-fault for a rear-end accident. For example, if one or both tail lights were out, the defense for a rear vehicle driver can claim that these set of circumstances contributed to the accident, thereby allocating a portion of fault to the lead driver. Indiana follows the modified comparative fault rule, meaning that an accident victim can still pursue a personal injury claim if they are found to be less than 51% responsible. However, the award amount will be reduced relative to the amount of fault attributed to them.
In rare cases, a driver may use the “Act of God” defense to claim they are not liable for an accident caused by wintry weather conditions. This legal strategy argues that the circumstances were so extraordinary and uncontrollable, that no reasonable actions could have prevented the outcome. However, the “Act of God” defense is rarely successful in rear-end accidents, as fault typically hinges on the rear driver’s responsibility to maintain control.
Because of the complexities that can arise in these types of cases, it’s important to seek representation from an experienced personal injury attorney who is familiar with Indiana’s laws and statues and who has experience with bringing such cases to trial.
If you’ve been rear-ended as the result of a winter weather accident, contact Hurst Limontes and a member of our legal team will be happy to review your case at no charge. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
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