As temperatures plunge and snow begins to fall, new hazards await motorists and pedestrians. At Ball, Kirk & Holm, P.C., we look forward to the holiday season as a time to reconnect with friends and family while devising resolutions for the new year. However, we also meet with many men, women, and children who are injured due to the winter weather. They suffer terrible injuries during the winter, which often stress their bank balances as they cannot work.
Contact our firm to discuss your accident, as well as whether you can seek financial compensation. A Des Moines personal injury lawyer is happy to meet with you, at a time and location which is convenient. We have offices in Waterloo and Iowa City, but we serve the entire state.
Below, we look at the most common winter accidents and provide an overview of your legal rights.
Car Accidents Due to Snow and Ice
Slippery roads lead to an increase in accidents. Although seasoned Iowa drivers are familiar with how to reduce the risk of a crash when snowflakes begin to fall, collisions and rollovers await even the most careful driver.
Whether you can bring a legal claim depends on fault. For example, you might be out on the road in the middle of a blizzard when your wheels skid and go straight into a ditch. You probably can’t sue anyone in that type of situation, because only Mother Nature is to blame.
Nonetheless, you might seek financial compensation with a car accident claim if:
- A dangerous driver drives too fast or tailgates when the roads are bad. Motorists must drive carefully, which means adjusting to the road conditions. If a driver is going too fast, then they are likely negligent if they skid out of control.
- A fatigued driver crashes into you. Winters are busy with many people going out late to holiday parties or shopping in the late hours. If a driver is fatigued or intoxicated, then they are likely liable when they crash, even if the road conditions are less than ideal.
- A private property owner does not sand or salt their driveway. You could skid out of control when pulling into a parking lot. The property owner must use reasonable care for the sake of visitors. You might seek a claim against the owner for failing to deal with ice in a timely manner.
- A mechanic does not properly install snow tires or overlooks worn tread, and you crash because of a lack of traction. In some situations, you might seek a claim against a mechanic.
It is much harder to sue the government for not plowing the road because both the state and local governments enjoy immunity from lawsuits. Still, reach out to our office to discuss the accident. You shouldn’t assume ahead of time that you have no legal case.
Slip and Falls
The risk of slipping and falling is also higher in winter. Property owners might not sand their walkways or even shovel snow for the benefit of foot traffic. It is easy to slip when trying to get into the grocery store or pharmacy or when crossing a parking lot.
Whether you can submit a legal claim depends on many factors, including:
- Whether you were invited onto the premises, such as a business which is open. An invitee is owed a greater duty of care than someone who enters property for their own purposes.
- How much time has elapsed since the end of a storm. Did you race into the grocery store as freezing rain started to fall? That’s not enough time for the store to get outside and lay down sand or salt.
- The level of care the owner exercised. You might have slipped on one tiny patch of ice in an otherwise well-maintained parking lot. The property owner’s level of care matters.
- Your own negligence. Pedestrians need to act with care, also, when weather conditions are less than ideal. If you are walking too fast or looking at your phone, you might have partial liability for an accident.
Falling Merchandise
Shopping for gifts is hectic, and heavy merchandise might injure you if it falls. Stores must use reasonable care when shelving items. Typically, heavier items should be on the lower shelves or on the floor, and all items should be lined up properly on the shelf.
If an item falls or the shelves collapse, you might have a legal claim against the store for a concussion, bruise, or other injury.
Defective Toys and Products
Some of the gifts you purchase or receive could be defective, which could lead to injury:
- Defective toys, which can lead to choking if a child swallows a piece which breaks off;
- Clothing which fails federal safety standards and catches on fire;
- Bookshelves and other pieces of furniture which pose a tip-over hazard, entrapping a child.
Our Des Moines personal injury attorney might bring a product liability claim on behalf of injured victims.
How to Protect Your Legal Rights
Try to do the following steps after an accident:
1. Document everything. Were you hurt by a defective product? Don’t throw it away; instead, preserve it for a lawyer to inspect. After a car wreck or slip and fall, photograph the accident scene and speak to witnesses.
2. Report the accident to the police (if injured on a road) or the property owner. Ask for insurance information from the motorist or owner.
3. Seek medical attention in a prompt manner. This shows you are dedicated to improving, while at the same time documenting your injuries.
4. Contact an experienced lawyer for help. A lawyer can handle all the grunt work while you recover and rest at home.
Call Ball, Kirk & Holm, P.C., Today to Learn More
Although the days are getting shorter, many of us are looking forward to the first snowfall. We hope everyone enjoys a safe winter. But if you are injured in an accident, you can count on our knowledge of how to negotiate a settlement and litigate a claim for full compensation. Contact our law firm to schedule your free consultation.