Driving too fast during adverse weather conditions is a careless action that can change the outcome of a personal injury lawsuit. And even if a driver claims that they were within the speed limit, this defense is not effective when roads are wet. Here are some ways the law holds higher expectations on drivers and how insurance companies will use these standards in order to reduce or eliminate a victim’s compensation.
Speed limits are not absolute
According to the Official Code of Georgia Annotated, speed should be “reasonable and prudent” during special situations, such as rain, fog, or heavy traffic. This means that the normal 70 MPH does not apply, and the lawful speed limit is the one that ensures control and prevents accidents. If a driver hydroplanes or loses control in the rain, their speed is deemed unreasonable and imprudent, and will constitute negligence.
The comparative fault trap
In most states, determining liability is straightforward, but in Georgia, it is more complex. Due to the state’s Modified Comparative Negligence Law (O.C.G.A. § 51-12-33), insurance companies might use some clauses in their defense strategy:
- Reduced compensation: They may argue that the driver was partly at fault (for example, 20% responsible) for failing to take evasive action, reducing compensation by that percentage.
- Barred recovery: If the jury concludes the victim is 50% or more at fault, they receive no compensation.
Sometimes, insurance companies might try to shift blame by arguing that other driver should have reacted sooner. If this is the case, you can discuss it beforehand with your lawyer.
Protecting yourself
There are some methods that can demonstrate negligence, and you can discuss them with your lawyer in order to find the most effective for your situation.