Car accident in heavy snow shower- who is liable
Hi,
On the way to home while commuting, there was a heavy snow shower on 26th January on A417. It was very dark and the shower was so heavy that at a point couldn't see anything except the snow. Even the fog lights didn't help. As I was unaware where I was going, I just stopped my car.
The car behind me didn't realise I would stop tried to avoid hitting me from behind but couldn't manage to stop hitting me from the side.There were no street lights or any vehicles before me to estimate which part of the road I was. I was well below the speed limit due to bad weather(less than 30 on a double carriage way)
After we got down, I realised that was in between the two lanes which I couldn't see at all while I was in my car.
Now who is liable for this accident? Is it me who is between two lanes? or Is the the other car who was behind me who did not maintain enough distance?
I haven't taken the liablity but please let me know if it was my mistake.
Thank you
If I was advising the driver
If I was advising the driver who hit you I would advise that they accept primary liability, but would try to reduce the full amount of the claim by suggesting that you should have had your hazard lights on .
Conversely I think you are likely to be successful in your claim against the other driver but you might consider accepting a degree of contributory negligence if you did not display hazard lights. The reason you stopped is not the major issue. Whether you stopped for good or bad reasons would not avoid the fact that the car behind you should have been able to stop within the distance it could see.
Were you injured and is someone dealing with the claim for you?
Richard Paremain