Is Hydroplaning an at-Fault Accident in West Virginia?

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Hydroplanning: Who’s Fault?

There is no definitive answer, as each case is unique and will ultimately be decided by negotiations between your lawyer and the insurance company, or if that doesn’t produce a settlement, by a judge or jury. In general, though, hydroplaning is usually considered to be the result of driver error, and as such, the driver would likely be found at least partially at fault in an accident that occurred as a result.

What is Hydroplaning?

Hydroplaning is when a vehicle’s tires lose contact with the road surface due to a layer of water between the tires and the road. This can cause the vehicle to lose control and skid.

What Does it Mean to Be at Fault in a Car Accident?

Fault in a car accident is assigned to the party or parties who were responsible for causing the accident. In some states, like West Virginia, the allocation of fault is used to determine who will be responsible for paying for damages caused by the accident.

If hydroplaning is determined to be the cause of an accident, it is likely that the driver who was hydroplaning would be found to be at fault.

6 Ways to Avoid Hydroplane Car Accidents

If you do find yourself hydroplaning, the best thing to do is to take your foot off the gas and steer straight until you regain traction. There are a few other things you can do to reduce your risk of getting into a hydroplane car accident:

  1. Reduce your speed
  2. Increase your following distance
  3. Avoid driving through puddles
  4. Keep your tires properly inflated
  5. Do not use cruise control in wet weather
  6. Do not make sudden steering maneuvers
tired on a wet road

At What Speed Does an Average Vehicle Begin to Hydroplane

The speed at which a vehicle begins to hydroplane depends on the vehicle, the tires, and the road conditions. In general, though, a vehicle can begin to hydroplane at speeds as low as 35 mph.

How Does Tire Pressure Affect Hydroplaning

Tire pressure can affect hydroplaning in a few different ways. First, underinflated tires are more likely to lose contact with the road surface. Furthermore, underinflated tires create more contact with the road, which can increase the amount of water that is displaced and can create a layer of water between the tire and the road.

Can You Get In An Accident If Your Tires Are Bald?

In general, bald tires are more likely to lose contact with the road surface, which can lead to hydroplaning and loss of control. As such, bald tires are more likely to be a factor in an accident than tires with adequate tread.

Seek Medical Help First

If you are involved in a car accident caused by hydroplaning, the first thing you should do is seek medical attention for any injuries. Then, you should contact an experienced car accident lawyer to discuss your legal options.

You may be able to file a personal injury lawsuit against the driver who was at fault for the accident. If you are successful, you may be able to recover damages for your medical bills, lost wages, and pain and suffering.

Why Seek Legal Consol ASAP?

Speaking with a personal injury lawyer is crucial after being involved in a car accident. You want to be sure to have all the information and documentation related to the accident and your injuries before speaking with any insurance company representatives.

The insurance company may try to lowball you with a settlement offer that does not fully cover your damages. An experienced lawyer will know how to negotiate with the insurance companies to get you the compensation you deserve.

3 Benefits of Hiring a Personal Injury Lawyer

There are many benefits to hiring a personal injury lawyer after being involved in a car accident, including

  • You will have someone on your side who is looking out for your best interests.
  • You will have someone with experience dealing with insurance companies and who knows how to negotiate settlements.
  • You will have someone who can take care of the paperwork and other legal issues related to your case so that you can focus on your recovery.

Contact a WV Personal Injury Lawyer Today

If you have been involved in a car accident caused by hydroplaning, contact an experienced personal injury lawyer in West Virginia today. At the law firm of Kaufman & McPherson, PLLC, we will review your case for free and help you understand your legal options. Call us today at 304-842-4300 or fill out our online form to schedule a free consultation.

WV personal injury attorneys discussing a car accident case

About Kaufman & McPherson PLLC

Kaufman & McPherson PLLC is a law firm handling injury claims throughout the State of West Virginia. The firm’s practice is limited to handling injury claims, including car wrecks, truck accidents, motorcycle accidents, work injuries, medical device injuries, and injuries caused by defective products, pharmaceutical injuries, and medical malpractice. 

Over 75 Combiend Years of Experience

We have over 75 years of combined experience representing injured people in West Virginia and have a proven track record of success. We are dedicated to getting our clients the compensation they deserve.

Call us today at 304-842-4300 to schedule a free consultation.

Frequently Asked Questions

How do I know whether I have a case?

You have a case if you’re injured and someone else has legal fault for what occurred. You must be able to gather facts to prove the liability of the other party. Intentional harm is not required. In fact, most cases are based on negligence or careless behavior that creates an unreasonable risk of harm. At your case consultation, our lawyers can explain whether you have a case and the reasons for our opinion.

How much time do I have to file a lawsuit?

In West Virginia, you have two years to file most personal injury lawsuits. However, there are some exceptions. Two years can seem like a long time, but you need to investigate, build and prepare your case. Always contact a lawyer as soon as possible.

How will my lawyer determine the value of my case?

A lawyer will determine the value of your case by evaluating the losses that you have because of the injury. Then, they compare them to the types of losses that a victim may claim under the law. Other factors may affect your case value, too, like the ability to collect compensation, comparative negligence and the strength of the proofs in your case.

What steps should I take immediately after an injury to protect my rights?

To protect your rights after an injury, get medical attention without delay. Do what you can to prevent additional harm. Don’t discard anything related to the accident like torn clothing. If you can, take photos of the accident scene and your injuries. Contact a lawyer as soon as possible.

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