Personal Injury Attorneys: Getting What You Deserve

The Other Driver Might Still Be At Fault During An Accident Involving High Winds

14 May 2021

Laurie Flores

When you are involved in an accident in which you did nothing wrong, you might hope that the other driver will be held responsible for your injuries. However, there are unfortunately cases where other factors can come into play such as strong winds. If the other driver blames strong winds for the accident, your injury attorney will need to prove that the driver was negligent.

The Danger of High Winds

When a car, or especially a commercial truck, loses control due to high winds, the power of the wind can send the vehicle smashing into your car and cause a serious amount of damage. In some cases, the wind can cause a vehicle to flip over and roll into your car. 

Even if the other driver loses control over their vehicle, they might be held responsible for the accident. While some insurance providers might argue that the accident was an "act of God," a personal injury lawyer might argue that there are steps that the driver could have taken to avoid the accident. For example, the driver could have avoided driving in strong winds or avoided driving right next to you.

An Analysis of the Crash

An accident reconstructionist will find out how the accident occurred and will help counter the claims made by the defendant's insurance provider that the driver was not at fault. For example, the driver might have failed to drive at a slower speed and this might have contributed to the accident.

Both eyewitnesses and expert witnesses can help you prove that the other driver was negligent. Eyewitnesses may be able to testify to the fact that the driver was driving very fast or violating traffic laws. Expert witnesses can use the debris found at the scene of the accident to determine what went wrong.

Your attorney may also be able to obtain surveillance footage or subpoena cell phone records. In the case of commercial vehicles, you may be able to obtain the black box and use evidence from this to show that the driver was driving negligently in the strong winds.

Your Damages

Once you are able to prove that the other driver was responsible for the accident, you will need help from a personal injury attorney to calculate your damages. Then, you will be able to write a demand letter and begin the process of negotiating a settlement. If you are unable to negotiate a settlement, your attorney will defend you in court.

Reach out to a personal injury lawyer to see if you have a case. 

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