Search Site
Menu

Accidents in Bad Weather

As a personal injury lawyer, I certainly encounter accidents relating to bad weather. These can take the nature of snow and ice, fall downs or auto accidents where the at-fault driver did not adjust for inclement conditions.

A fall down injury occurring because of snow and ice is often compensable. These usually serious injuries will result in a recovery if the condition causing them came about because of an “unnatural accumulation” of ice and snow. In contrast, a natural accumulation, the law states, is not something the landowner must remove or even treat.

The above is a confusing concept. The guiding principle is that bad weather is part and parcel of living in Massachusetts or New England. Consequently, the person suing need show that a defect was present on the property, such as a hole for example. That defect in combination with snow and ice will lead to the determination of an unnatural accumulation and, therefore, increase the chances of a liability finding/settlement.

As for automobile accidents in bad weather, your attorney should ask if the driver being sued acted appropriately in the bad weather conditions. A defendant may say that skidding was inevitable; I prefer to say that the driver failed to act reasonably given the prevailing weather conditions. This is after all what negligence is all about.

Leave a Reply

Your email address will not be published. Required fields are marked *

Feinberg & Alban, P.C. fervently protects your rights
  • The Boston firm of Feinberg & Alban, P.C. specializes its practice in the area of personal injury.

    The attorneys serve the entire state of Massachusetts in addition to affiliating with lawyers in other states to handle cases outside of Massachusetts.

  • $7.7 Million Award for Feinberg & Alban Client in Personal Injury Trial

    Boston Attorneys Win Highest Injury Verdict in Massachusetts in 2011 & 2012.

Client Reviews
  • google
    5.0/5.0

    Robert Feinberg did a fantastic job handling our case. He is a thoughtful, caring man, cordial and a complete professional. The settlement we received was more than we had ever anticipated, his legal work is beyond reproach. Thank you Robert!!

    Read more

    Robert Bard

  • google
    5.0/5.0

    After my motorcycle accident I contacted Feinberg & Alban. I met with Marsha for a consultation and she was great. Their entire team kept me in the loop for the entire process. Colleen was also a part of my case, she help me with understanding a lot ...

    Read more

    Beantownie 617

  • google
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Mitchell Petitti

  • lawyers
    5.0/5.0

    I will be forever grateful to Robert and his team at Feinberg & Alban, P.C. He is the best of the best and I truly cannot recommend his expertise enough. Having Robert represent me brought me great comfort. I never once doubted that he would not be s...

    Read more

    Client

  • google
    5.0/5.0

    Robert and his team were unbelievably caring and thorough in working on my interests. It was a very serious case. It needed much attention and skill. Robert and his team were always there for me from the time I was in the hospital. They got me an ama...

    Read more

    Jason Lebovitz

See all reviews
Awards & Affiliations
Contact us

Quick Contact Form