Mist is one of the many weather conditions that can affect your visibility while driving and increase your chances of getting into an accident. Drivers should adjust their driving to the weather, but unfortunately, they don’t always do so. When people don’t drive safely, they can cause serious accidents resulting in severe injuries and even fatalities.

These injuries can last the rest of your life and cause you to miss work, resulting in a stressful financial situation. Compensation for your injuries can help you pay your bills and allow you to relax so that you can recover.

If you were in an accident where fog obstructed your view of the roads, we can help you build a case and identify the damages you are eligible to get compensation for. The Tucson fog accident lawyers at Zanes Law are on your side.

Understanding Duty of Care in Foggy Weather

Every time you get in your car to drive, you have a duty of care—a common courtesy that you owe to other drivers. This means driving responsibly and respecting other vehicles’ space on the roads.

While you are not able to control the weather, it does not free you from your duty to drive responsibly. When the weather conditions are not in your favor, you should be extra careful. When drivers don’t give others the duty of care they’re owed, they risk accidents that you can hold them liable for.

In addition to visibility issues, fog can distort your perception of time and speed. This is especially dangerous on highways where cars drive at a high speed. You may think the car behind you is far away, but in reality, it could be right behind you, which increases the chances of an accident.

Who Can I File a Claim Against?

Depending on who else was involved in your accident, you can file a claim against individual drivers in cars, on motorcycles, and even commercial truckers. When filing a claim, you must be able to prove the driver was negligent in their actions. You may be able to file a claim against another driver for:

  • Lack of car maintenance
  • Erratic driving or driving errors
  • Being under the influence of alcohol or drugs
  • Distracted driving

If a truck driver hit you, you can file a claim against the trucking company if there is evidence that the company was negligent in their actions. This can include things like overworking truck drivers and failing to do a background check or regular drug testing.

Fault Laws in Arizona and How They Affect You

Arizona is an at-fault state, which means the driver who caused the accident is responsible for paying for the other driver’s damages. But sometimes, both drivers can be at fault. For these situations, Arizona also has a comparative negligence law that splits fault between the drivers involved in the accident.

According to A.R.S. § 12-2505, the court will reduce your compensation by the percent you were at fault in the accident. Even if you were 99% at fault, you are still allowed to seek compensation. Your fog accident lawyer in Tucson can explain this further and how it applies to your case.

How Long Do I Have to File a Claim After a Poor Weather Conditions Accident?

According to A.R.S. § 12-542, you have two years from the day the accident occurred to file a claim. To increase your chances of winning your case and receiving the highest settlement amount, it’s best to file your claim early.

However, some injuries may not appear until weeks or months later. When this happens, you can take advantage of Arizona’s discovery rule. The rule states that the day you discover the injury, your statute of limitations begins and you have two years to file a claim.

What Damages Can I Recover for a Car Accident on a Foggy Road?

Fog makes driving difficult for everyone. But that doesn’t mean you have to suffer physically without the funds to support your needs because someone else was negligent. Based on the details of your case, you may be able to recover damages such as:

  • Loss of wages: Your injury may result in you having to miss work which is already stressful enough. Missing work while bills and other expenses pile up can be overwhelming. If your lawyer decides that you qualify for this damage, you can rely on your compensation to relieve the financial burden while you recover.
  • Medical expenses: A trip to the hospital can cost thousands of dollars and even more when it’s after a car accident. You may be able to recover compensation for your medical expenses to cover costly medical bills.
  • Physical therapy and in-home care services: If your injuries require an extended period of time and extra medical assistance, you may be eligible to receive compensation to cover rehabilitation costs.
  • Vehicle repairs or replacements: Car repairs and replacements can be expensive.
  • Whether it be a part you need to be replaced or your whole car, you may qualify for vehicle repair damages.
  • Pain and suffering: A car accident can be traumatizing for everyone involved. A common condition that develops after a car accident is post-traumatic stress disorder. This can cause anxiety-provoking flashbacks, which can disrupt you from living your life. You may be able to get compensation for the emotional stress that the accident caused you.

You already have enough pain and stress after getting into a car accident. If you are unsure if your case qualifies to file a claim, we can review your case for free. In our free case evaluation, we’ll examine every aspect of your case to find the damages you’re eligible for so that you can get the maximum settlement you deserve.

A Fog Car Accident Lawyer Can Help You Build Your Case in Tucson

Bad weather conditions are no one’s fault, but failing to exercise a duty of care is. When drivers don’t take others on the roads into account while driving and cause accidents, we are here to hold them accountable. We’ll fight for your rights to the maximum amount of compensation so that you can get back to living your life.

At Zanes Law Injury Lawyers, we care about you and your recovery. If you were in a car accident where fog prevented you from seeing the roads, call our Tucson fog accident lawyers or fill out the form on our contact us page to start your free case evaluation today.

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