Some Maryland auto accidents occur in bad weather. The roads in Calvert County, for example, are slippery. One driver does not stop fast enough, the car slides, and there is a rear-end accident. Some might think that there is no legal liability where the accident takes place in adverse weather conditions. They might say: “It’s no one’s fault. The roads were slick.” This, however, is a mistaken view from the standpoint of the law in Maryland. Essentially, when the weather is bad, ALL drivers have a duty to slow down, stay further back from the car in front of them, be extra careful and watchful. This is true for rain, snow, fog, haze, and any other weather condition that might lower visibility and/or lower the normal traction on the road surfaces. If you have been injured in a Calvert County, Maryland, bad weather auto accident, contact the top-rated auto accident attorneys here at the Law Office of Robert Castro. Do NOT assume that there is no legal liability just because there was bad weather. Our number is (301) 870-1200, or use our contact page. We have offices in Waldorf, Maryland. Here is a quick explanation of why there is legal liability for car accidents, even if there is bad weather.

In Maryland, legal liability for auto and car accidents is based on the doctrine of negligence. Negligence is about accidents; there is no legal belief that a car crash was caused on purpose or with intent. Thus, the doctrine of negligence is focused on legal questions of duty. A person does not ALWAYS have an obligation to protect others from harm. Sometimes, they have an obligation to watch out for and protect themselves. However, by law, Maryland has imposed several duties upon drivers who use our roads and highways. One duty is the “duty of care”, which is basically the duty to be watchful, careful, and to avoid injuring others on the road. Another main duty is to obey traffic laws, including the statute that states that “safe driving” is partly dependent upon proper driving for the weather conditions.

From this, there are four legal elements to negligence. The question is: Was there a duty? Mostly, the answer is “yes” when dealing with Calvert County auto accidents. The next question is: Was the duty breached or violated? Often, the answer is “yes” if the driver was violating traffic laws — by running a red light, for example — or if the driver was not being careful. The other two legal elements are causation and injury/damage to property (like a vehicle). If the answer is “yes” to all four elements, then there is legal liability.

That is why, when there is bad weather, there can be legal liability. As noted above, bad weather means drivers must be more careful and more watchful. The duty of care is more exacting when weather conditions are bad. It is also more important that traffic laws be obeyed.

Contact Waldorf, MD Personal Injury Attorney Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland personal injury lawyer at (301) 870-1200. We are Waldorf, MD, Personal Injury lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.