There are a lot of things that can increase the risk of suffering an injury. One of them is bad weather.
The National Safety Council reports that 1,718 injuries were caused by bad weather in 2022. Of course, the real figure is probably much higher.
How is weather associated with the risk of injuries? Bad weather can significantly increase the risk of injury in various ways. In outdoor environments, bad weather can create slippery roads and reduced visibility, leading to slips, trips, and falls. Wet or icy roads increase the likelihood of car accidents that lead to injuries, while strong winds can cause debris to become projectiles or trees to fall, posing risks to individuals outdoors.
Additionally, severe weather events like hurricanes, tornadoes, or floods can cause widespread damage and pose direct threats to personal safety, increasing the risk of injuries such as cuts, bruises, fractures, or even more severe trauma. The National Weather Service reports that 1,500 people are injured in tornadoes each year. Furthermore, bad weather can also impact emergency response times and access to medical facilities, potentially exacerbating the consequences of injuries sustained during such conditions. Overall, being aware of weather forecasts and taking appropriate precautions can help mitigate the risk of injury during adverse weather conditions.
Incidents leading to personal injury can occur at any time and under various circumstances. One often-overlooked factor that can significantly influence an injury claim is the weather. Whether it be a slip on an icy sidewalk, a collision on fog-shrouded roads, or another accident due, in part, to the whims of Mother Nature, weather conditions can play a critical role in the outcomes of such claims. Slips and falls can be especially common in bad weather.
How Weather Affects Personal Injury Cases
Weather profoundly affects how we navigate our environments and can either directly cause accidents or influence the extent of injuries sustained. We’ll explore the different ways weather conditions might impact negligence and liability in the realm of personal injury law.
Slip and Fall Incidents
Slip and fall accidents are among the most common personal injury claims. Slick surfaces due to rain, snow, or ice can increase the risk of these incidents. In such cases, property owners may or may not be liable for injuries sustained on their property. The critical question revolves around the concept of “reasonable care.” Property owners are expected to maintain their premises in a reasonably safe condition, but exact expectations can vary depending on continuous weather events.
Car Accidents
On the road, adverse weather conditions such as rain, snow, ice, fog, or even sun glare can lead to accidents. Drivers are expected to adjust their speed and driving style to the conditions. Failure to do so can see them being held liable for any resultant accidents. However, weather can act as a complicating factor when determining fault. It may be that both weather and driver negligence played a role.
What to Do After a Weather-Related Injury
The New Haven personal injury lawyers at Weber & Rubano explain the steps you should take after a weather-related injury:
Seek Medical Attention
Your well-being should be your first concern after an injury. Even if the injury seems minor, it’s important to be evaluated by a healthcare professional. Internal injuries or those not immediately visible might not manifest until later, and having a medical record from the date of the incident can be pivotal in establishing the harm suffered as a direct result of the accident. Always follow through with prescribed treatment plans and keep detailed records of all medical visits, treatments, and bills related to your injuries.
Document the Scene
If circumstances permit without risk to your safety, take comprehensive pictures of the accident scene. Capture wide angles to show the extent of conditions such as snow, ice, pooled water, or downed tree limbs that may have contributed to your injury. If there were any hazard warning signs (or lack thereof), take photos of these as well. Additionally, recording the time and date can help to cross-reference with weather reports.
Along with photos, jot down a brief account of what happened while the event is fresh in your mind. If there were any witnesses to your accident, seek their contact information and, if they are willing, ask them to provide a brief statement about what they saw.
Report the Incident
Notify the relevant authorities or property owners about the accident. For property-related incidents, this could mean informing the building manager, homeowner, or business proprietor.
For vehicle accidents, this means calling the police to the scene to file a report. It’s important to officially document the incident as this report can later serve as a key piece of evidence.
If you’re injured on a public space like a sidewalk or a park, alert the municipal government’s responsible department. Be wary of signing or agreeing to any documents or releases of liability before speaking to a lawyer.
Preserve Physical Evidence
Clothing and footwear can be important pieces of evidence in a weather-related injury case. For instance, if you slipped on ice, the shoes you were wearing can help demonstrate that you took reasonable steps to wear appropriate footwear for the conditions. Preserve these items in the state they were in immediately following the incident.
Keep a Symptom Diary
Start a daily log of your symptoms and how they affect your daily life. Note activities you cannot perform, pain levels, sleeping difficulties, or any help you require from family and friends. This diary can illustrate the impact of the injury on your daily life and can provide persuasive evidence in personal injury proceedings.
Contact a Lawyer
Retaining the services of an experienced personal injury lawyer is crucial, especially when weather-related variables are involved. A lawyer can advise on the strengths and weaknesses of your claim and the significance of local laws affecting weather-related personal injury cases. By following these steps, you’re building a foundation for your personal health recovery and also assembling the key building blocks for a robust personal injury claim, should you choose to pursue one.
Weather conditions can indeed have a significant impact on personal injury claims. Slip and fall accidents, as well as car accidents, are often influenced by adverse weather, raising questions of negligence and liability. However, by taking proactive steps after a weather-related injury, such as seeking medical attention, documenting the scene, and preserving evidence, individuals can strengthen their claims.
