Blog Post

Some winter injuries are unavoidable, while others aren’t. If another party’s negligence contributed to a winter-related accident, it may qualify for a lawsuit in Truckee-Tahoe. It is crucial to comprehend the potential risks and legal ramifications of winter activities in this region.

In this article, we delve into the most prevalent winter weather-related injuries and explore why these injuries can often be more painful and severe. Then, we’ll share insights into ski resort accidents, slips and fall accidents, snow off roof accidents, and more. Finally, we unravel the complexities of winter motor vehicle accidents.

What Are the Most Common Winter Injuries?

So, what are the most common winter injuries?

Some of these common winter injuries are painful and often (at least temporarily) debilitating:

• Head Injuries
• Neck and Back Injuries (including herniated discs)
• Joint Pain and Soreness
• Hip Fractures and Other Broken Bones
• Sprains (ankles, wrists)
• Elbow Injuries

Should I File a Personal Injury Claim for My Winter Accident?

When pursuing a personal injury claim related to winter injuries, consider the severity of the injuries and their impact on your daily life. The extent of these injuries and resulting limitations and hardships are generally considered when determining potential financial compensation. Those injuries resulting in a higher impact on everyday activities could result in a higher payout in a settlement or trial.

Working with an experienced personal injury attorney is important in assessing the full extent of your injuries, gathering evidence, and presenting your case effectively.

Ski Resort Accidents

Winter activities and sports, such as skiing and snowboarding, while thrilling, also come with risks. According to the National Ski Areas Association, in the 2021/22 ski season, there were 46 fatalities on US ski slopes. From 2013 to 2023, there were 243 avalanche fatalities in the US (with most occurring in the backcountry). It’s vital to prioritize winter sports safety and be aware of the potential dangers associated with these activities.

Taking necessary precautions and following guidelines can help minimize the risk of accidents and injuries. According to the American Academy of Orthopedic Surgeons, skiing, snowboarding, ice skating, and sledding sent over 200,000 people to their doctor or closest emergency room in 2018. For winter sports injury prevention, the AAOS recommends using proper, well-maintained equipment, layering apparel, staying hydrated, and taking lessons from a professional when available.

When Is a Ski Resort Liable for Your Injuries?

Signing a liability waiver at a ski resort does not necessarily absolve the resort from all responsibility. You may still have a valid claim against the ski resort for premises liability, such as slips and falls, chairlift injuries, inadequate signage, or failure to maintain runs. Manufacturers or businesses involved in ski equipment may also be held accountable if faulty equipment contributed to the cause of the injury. In tragic cases, wrongful death lawsuits may be pursued. Winter personal injury cases can be complex, especially when navigating waivers — reach out to a legal professional for more.

Slips and Falls

Beware of black ice: a treacherous winter hazard that forms on road surfaces and sidewalks. It’s transparent and blends with the pavement, making it difficult to detect. Black ice usually forms in shaded areas, such as under trees or bridges, and can cause slips and falls, leading to back injuries, neck injuries, and even traumatic brain injuries (TBIs).

Stay cautious and adjust your movements when encountering black ice to prevent accidents. If you or someone you know were injured due to black ice, consult a personal injury attorney to explore filing a potential premises liability lawsuit. Property owners should salt the pavement on their premises and promptly remove snow. Failure to do so may result in a slip and fall accident.

Who Is Liable in California Slip and Fall Cases?

In slip and fall cases in California, identifying the responsible party is crucial when seeking compensation for your injuries and damages.

Possible liable parties include apartment landlords or condo associations for neglect in maintaining safe premises or companies that own the area where you slipped (such as grocery stores).

Knowing the Open and Obvious Defense or doctrine in California slip and fall cases is essential. This defense asserts that if a hazard is open and obvious, and a reasonable person would have noticed and avoided it, the property owner may not be liable for resulting injuries. However, the application of this defense can vary depending on the specific circumstances and the duty of care owed by the property owner. Seeking legal advice from an experienced attorney can help determine the best course of action and maximize your chances of success in your slip and fall case.

Navigating the complexities of slip and fall cases in California requires a thorough understanding of premises liability laws and the specific circumstances surrounding your accident.

Motor Vehicle Accidents

Winter car accidents pose unique challenges and hazards on the road. Reduced visibility (like difficulty seeing road markings/signs), lane drifting, and reduced stopping time/distance can all be cause for concern. Beyond those, winter driving accidents may occur when people neglect car maintenance or don’t correctly prepare a car for winter weather (like putting on snow tires). The threat of black ice still looms — black ice can cause cars to spin 180 or 360 degrees, making it a dire threat.

Consider these winter driving accident statistics from the National Highway Traffic Safety Administration:

• In 2021, there were 22,325 crashes resulting in injuries.
• There were 395 fatal crashes related to winter driving in 2021.
• 121,156 crashes reported to law enforcement were logged in snowy or sleet-covered conditions.

To mitigate the risks, slow down and increase the following distance between vehicles. Maintain your vehicle, including removing snow and ice from windows. Exercise caution on bridges, overpasses, and shady areas where black ice is likely to form.

I Was Injured in a Car Accident: Who Is At Fault?

Determining liability in winter storm accidents can involve various parties, such as the other driver, a trucking company, or a third-party manufacturer. In cases involving multiple vehicles, the other driver may be at fault if their negligence caused the collision.

For one-car crashes, liability may not necessarily rest with the driver. Factors like swerving to avoid reckless drivers or pedestrians, encountering hazardous road conditions, or inadequate property maintenance can contribute to the accident. In one-car crash cases, liability for defective brakes may be attributed to the responsible party, such as a manufacturer.

Lawsuits in Truckee-Tahoe: Frequently Asked Questions

Now that we’ve covered what causes winter injuries, let’s wrap up with a few frequently asked questions about Truckee-Tahoe personal injury cases.

How Much Is an Injury Case Worth it Truckee-Tahoe?

The possible outcome of an injury case can vary widely and depends on various factors, including economic and non-economic losses. These losses include medical expenses, lost wages, pain and suffering, and emotional distress.

For instance, the final settlement or verdict might intend to cover something more typical, like physical therapy for winter injuries, while in rare cases, punitive damages might seek to punish the defendant for intentional negligence. Each case is unique, and the specific circumstances surrounding the injury can play a significant role in assessing its value.

How Much Does a Personal Injury Lawyer Cost in Truckee-Tahoe?

When seeking legal representation for a winter injury case, looking for attorneys who offer a contingency fee arrangement is recommended, ensuring that you only pay if your case is successful. Additionally, take advantage of free first-case evaluations to discuss your situation and assess the viability of your claim. This allows you to pursue a case without upfront financial burden and find an attorney who fits your needs.

Who Is Liable in a Personal Injury Case in California?

In winter injury cases in California, several critical legal concepts come into play.

1. California follows a comparative negligence system, where liability for an accident or injury can be shared among multiple parties based on their degree of fault. This means that their percentage of fault reduces compensation awarded to the injured party.

2. Premises liability is another major aspect, where property owners must maintain their premises reasonably safe. Since 1970, California (unlike other states like Nevada) hasn’t had an attractive nuisance doctrine. Meaning, for example, that if a child jumps a fence to go swimming, the owner of that pool would not likely be held responsible.

3. In California, as an “at-fault” or “tort” state, the party at fault for the accident or injury is responsible for compensating the injured party.

4.Lastly, multiple parties can be liable in winter injury cases, including individuals (typically paid for by their insurance policies) and third-party institutions.

How Long Do I Have To Sue Someone for Personal Injury in California?

The statute of limitations sets a time limit for filing a lawsuit in civil injury cases in California. Generally, it is two years from the date of the injury. However, there are exceptions, such as cases involving delayed discovery or exposure to toxic substances. If you were a minor at the time of the incident or were found to be mentally incompetent, the statute of limitations may be extended. Likewise, if the plaintiff passes away within six months of the statute ending, there still could be a case.

Working with a personal injury lawyer helps ensure timely filing of your case.

Do I Qualify for a Lawsuit?

It’s wise to consult with a local lawyer who can provide personalized advice based on your unique circumstances. To find a reputable lawyer, research those specializing in personal injury law, check testimonials and case results, and schedule free initial consultations to assess their suitability for your case.