Introduction
Northern California, and places like San Diego, where rain creates dangerous driving conditions is always a concern for motorists. Hydroplaning accidents for litigation have specific intricacies that require an understanding of their mechanics, causes, and law. This article evaluates hydroplaning accidents and includes prevention measures and the importance of reviewing medical documents in triaging legal cases.
Introduction
Definition and Mechanism
• A vehicle is said to have hydroplaned when it is uncontrollably sliding due to a layer of water that makes its tires lose contact with the surface of the road.
• The hydroplaning phenomenon starts when water builds up on the road and the tire(s) don’t move fast enough to get rid of water leading to loss of friction.
Factors Contributing to Hydroplaning
Water Depth
• An increase in speed along with a coin-sized puddle of water (about 1/10 of an inch) can make a vehicle susceptible to hydroplaning.
Speed of the Vehicle
• The tires having to do more work towards getting rid of water means at higher speeds not only is the chance of hydroplaning larger, but it’s also much more likely to happen.
Age of Vehicle
• The age of the car also plays a role, but more importantly, having inadequate tread depth increases the chances of hydroplaning substantially.
Road Conditions
• Water accumulation or debris on poorly maintained roads may increase the chances of hydroplaning.
Legal Consequences of Hydroplaning Accidents
Establishing Liability
• Negligence: Assessing whether the driver exercised adequate care regarding their vehicle and driving at a safe speed given the current weather conditions.
• Comparative Fault: Most cases involve more sinister parties than just the driver, such as other drivers, automobile manufacturers, sponsors of the road, or the maintenance crew responsible for the road.
Insurance Considerations
• Understanding the complex world of insurance in relation to attributing blame in hydroplaning accidents is helpful for attorneys dealing with claims.
The Importance of Review of Medical Records
Importance of Medical Records
• Medical records are essential in proving the claim of injuries relative to the accident in question.
• Documents detailing treatment provide the necessary paperwork for constructing a plausible argument.
How Medical Records Review Works
• Thorough Analysis: Reviewing matrices, treatment outlines, and diagnostic evaluations for pertinent materials.
• Identifying Gaps: Pointing out any and all missed pieces that could bolster the argument.
Strategies for Drivers to Prevent Hydroplaning
For Drivers
• Tire Maintenance: Routinely assess the degree of tire tread alongside verification of adequate inflation for maximum traction.
• Alteration of Speed: Encourage driving slower than normal in rainy weather in order to afford time for the tires to push excess water out.
• Disabling cruise control while it is raining: Do not apply cruise control while driving in the rain, as it may lead to slower reaction times.
For Attorneys
• Defining boundaries with clients: Remind clients of the safe driving etiquette to avoid any risks during inclement weather.
• Gathering Evidence: Records of weather and road conditions at the time of the incident can strengthen claims.
Case Studies
Case Study 1: Overview of a Hydroplaning Accident
• Overview: One of our clients sustained injuries as a result of neglect during a flash rainstorm which caused hydroplaning.
• Challenge: Proving the liability of the other driver and how much the weather had an implication for the driver’s negligence.
• Solutions: Most of the client’s medical records indicated that he underwent extensive treatment which contributed to the severity of injuries sustained.
• Compensation: This client was compensated for sustaining medical treatment, loss of work, and psychological trauma.
Case Study 2: Legal Action Following a Hydroplaning Incident
• Overview: This client suffered injuries after their vehicle collided with a guardrail while hydroplaning.
• Case’s unexplored issues: Challenging the argument that the cause of the accident was dislocation due to hydroplaning rather than the negligence of the driver.
• Solutions: Testimony of specialist demonstrating and the resultant claim provided corroborating evidence of the disabling conditions of the vehicle’s infrastructure.
• Compensation: The client was awarded damages for on-going medical treatment and emotional distress.
Conclusion
Accidents due to hydroplaning can have severe consequences for professional drivers and understanding the legal ramifications is especially crucial for lawyers working with victims of such incidents. Legal representatives can have their clients’ needs met through proper advocacy by utilizing medical record examinations and applying useful control measures.