We should all be more careful when driving in winter weather. A very unfortunate woman named Susanne Bzduch was killed recently in Perry, Wyoming County, in a car accident when a crash occured due to poor driving conditions. Perhaps we become over confidant because we drive in snowy, icy conditions for several months of the year.
According to news accounts of the accident, Stormie Myers, age 28 of Perry, lost control of her truck on a slippery road and careened into a vehicle driven by Danielle Heubusch, age 36 of Warsaw. Ms. Bzduch was the front seat passenger in Ms. Myers' vehicle. My most sincere condolences go out to her family.
Who is responsible for this tragedy? Well, I guess we just don't know for sure, but if news accounts are correct, it seems that at least Ms. Heubusch would have a case against Myers. However juries can be funny sometimes and take sympathy on a driver like Ms. Myers. Critical factors will be how fast Ms. Myers was driving, whether other drivers lost control of their vehicles in the same area as Ms. Myers did, whether her vehicle's tires had adequate tread for winter driving, etc. Oddly enough, my experience as an injury lawyer has told me that people generally fall into two groups on cases like this- those who think that the driver of the vehicle that lost control is completely blameless because of the weather conditions, and those who believe that there is never a reason to lose control of your vehicle if you are exercising proper care.
Please drive slowly and remember that the accident you think will never happen to you (and your family), just might.
*****Update January 11, 2010. I just received a very helpful, anonymous phone call that perhaps the accident did not appear as related in news accounts (and that I got the facts wrong). My apologies to anyone if I had incorrect information in this blog.
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