Is Hydroplaning an at-Fault Accident in West Virginia?

Learn about hydroplaning and at-fault accidents in West Virginia. Kaufman & McPherson offers expert legal advice on car accidents caused by hydroplaning. Call 304-842-4300 for a free consultation.
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    Modern Performance Car Speeding through the Water

    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.

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    About the Editor

    Kevin Kaufman
    Kevin Kaufman

    A 1977 Bridgeport High School graduate, received multiple scholarships including a National Merit Scholarship. He went on to earn a BS in Business Administration, an MBA, and a law degree from West Virginia University.

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    About the Author

    Kevin Kaufman
    Kevin Kaufman

    Kevin S. Kaufman is a 1977 graduate of Bridgeport High School, where he received a National Merit Scholarship, a Consolidated Natural Gas Company full scholarship, and a West Virginia Achievement scholarship. Mr. Kaufman completed his education at West Virginia University, where he received a Bachelor of Science degree in Business Administration, an MBA, and his law degree.

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