Brad Nakase, Personal Injury Attorney
During rainy, snowy, or icy weather, skidding is a risk for all users. It is not only your car you have to worry about skidding but other vehicles on the road too. But who is actually at fault if an accident occurs due to a skidding vehicle? This article discusses how to counteract a car skidding and skidding accident liability.
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What To Do If Your Car Starts Skidding
When your car starts to skid, do not immediately step on the slam on the brakes because it will cause the car to spin out. Being able to react quickly can save your life and the lives of other road users.
If your car skids, your instinct may make you want to hit the brake, but this can cause your car to skid even more. Instead, take your foot off the accelerator or brake, then turn the steering wheel in the direction you want to go. As you get your car under control, softly brake. If the vehicle’s rear wheels are skidding (also known as fishtailing), gently accelerate the vehicle to stop the skid.
The most important thing to do is stay calm. Panicking in a skid and turning the wheel too much can worsen the skid or leave you weaving all over the road. This advice applies to skidding in the rain or on snowy or icy roads.
Who Is at Fault in An Accident Caused By a Skidding Vehicle?
Fault may be easy to see in some car accidents, but who is to blame in a car accident caused by a vehicle skidding? After all, you can’t exactly sue the weather.
In general, fault will usually be placed on the driver of the skidding vehicle. This is because the law believes every driver has a duty to drive in a safe manner based on road rules and conditions and has a duty to maintain their vehicle to ensure it is safe to drive. Therefore, skidding caused by poorly maintained tires or worn-out brake pads will be the fault of the driver of the skidding vehicle.
Therefore, in most cases, the law sees skidding as a sign of negligence, and you can sue a skidding driver who caused your accident. This is true whether they hit you from the back, side, or even if they skid into your lane and cause you to rear-end them.
In addition to facing personal injury lawsuits for causing a crash by skidding, the driver of the skidding vehicle may face traffic tickets from the police. These include driving too fast for conditions, defective equipment, or following too closely.
What To Do If You Are a Victim of a Skidding Accident
If you are hit by a skidding driver, then you can claim compensation for any financial losses you may have incurred. The at-fault driver must pay any property damage (repair costs for your car), medical bills, and lost wages that occur because of the accident they caused. In some cases, you can also claim pain and suffering for your injuries.
Following a car accident with a skidding vehicle, call the police to attend so you can get a crash report. Swap contact and insurance details with the other driver and get information of any witnesses that come to check on you or help. When you leave the scene, go to the emergency room immediately to get checked out for any injuries. Tell the medical staff you were involved in a car accident. Do this even if you feel fine, as adrenaline often masks your injuries. Once you have taken care of your health, speak to an attorney about the skidding accident. They can advise you of your legal rights, how to recoup your financial losses, and what the next steps are.