The chance of hitting a snow bank is always on the agenda after winter storms sweep the country. If you hit the snow bank because you were driving too fast for the conditions or knew that the weather was unsuitable for driving in, then you may have to rely on claiming from your own insurance policy. This is when the costs of the damage to your car and any injuries were greater than the deductible.
However, not all accidents of this type are the driver’s fault. The snow bank may have only been there because of a lack of highway maintenance.
Should snow plows have been sent out? If so, why hadn’t they done their job? Was there a defect in your car that affected the control of the vehicle on a slipper patch of road? Were you forced off the road and into a snow bank because of someone else’s negligent driving? If you believe that you weren’t to blame for the accident, you should discuss the circumstances with an experienced car accident attorney who will explore your legal options with you.
Damages after an Accident Caused by Hitting a Snow Bank
Assuming that you believe that you can prove that someone else or a government agency such as a highway maintenance department caused you to hit the snow bank, then you can determine the damages you should claim. These are divided into economic and non economic damages.
Economic damages are the easier to calculate. They include all medical costs related to the accident including future projected costs. They also include lost earnings such as wages and property damage including towing your vehicle back from the accident scene.
Non economic damages are harder to calculate exactly because they are determined by the emotional and psychological effects of the accident as well as any physical harm caused.
How a Car Accident Attorney Can Help You Prove Fault
Determining fault after hitting a snow bank will be quite difficult. The degree of fault in many states may also be in question. In some states, such as Virginia for instance, if it is determined that you were only slightly to blame for an accident of this type, you will lose any chance of obtaining compensation.
In other states, you must prove that you were less than 50% to blame for the accident. Because of the need to have proof that someone else or something else was to blame that you can claim damages against, it is vital that you have legal assistance from an experienced car accident attorney.
Why You Should Let a Car Accident Attorney Handle Your Case
Hitting a snow bank could become a complex case for anyone to deal with if it is believed that negligence caused the accident. Insurers will rely on doubt clouding their client’s liability for the accident.
Even if the cause was more clear-cut and hard to refute, many insurers will try and offer less compensation to a plaintiff who has no legal assistance of any type. This is another reason for hiring a personal injury attorney throughout the claim process.
You are likely to end up with a better chance of obtaining fair compensation if you do have legal help and are unlikely to have to pay any legal fees until the case is settled in your favor. To have the details of your claim looked over, complete the Free Case Evaluation today!