Personal Injury Claims After a Natural Disaster or Emergency

Natural disasters such as wildfires, floods, and hurricanes can cause vehicle accidents, premises liability accidents, and other types of accidents. Fires, floods, hurricanes, wildfires, tornadoes, hailstorms, and windstorms can happen in Boston every year. Cars can be whipped around. Structures can crumble. Natural disasters can cause deaths, catastrophic injuries, and all types of serious injuries.

When accidents are due to natural disasters, defendants will always argue that they can’t control the weather – that they can’t control acts of God. At Breakstone, White & Gluck, we understand when you can still file a personal injury claim or a wrongful death claim after a natural disaster. There are cautionary and protective steps governmental agencies, property owners, and drivers can and should take in response to natural disasters.

When can you file a personal injury or wrongful death claim after a natural disaster?

Each natural disaster case requires careful review to determine if you can file a personal injury or wrongful death claim. Some examples of when you may have a valid claim include the following:

Vehicle accidents

Drivers need to use caution when natural disasters strike and in the immediate aftermath of such incidents. For starters, drivers should pull off to the side of the road in the event of an emergency. If they must drive, drivers should proceed slowly and with extreme caution. Some of the precautions drivers should consider include the following:

• Keep a safe distance from other cars. Drivers should stay farther behind other vehicles because they will likely need more time and distance to stop and because the driver in front of them may need to stop without warning.
• One common danger after it rains is called hydroplaning. Hydroplaning occurs when a driver’s car loses traction with the road – which can make it very hard to brake, steer, and control the vehicle.
• Black ice. A similar danger to hydroplaning is black ice. Black is a thin layer of invisible ice that can make driving extremely dangerous.
• Use your headlights. Drivers should use their headlights so they can see the traffic and roads around them. Headlights also help other drivers see your car.
• Do not drive while distracted. It’s never a reasonable idea to drive while texting, using a cell phone, eating, looking at a GPS, or taking your eyes off the road, hands off the steering wheel, and mind off of traffic emergencies. It’s especially dangerous to have distractions after a heavy rain or any other natural disaster. If you want to contact relatives or communicate with anyone about how to proceed, you should pull off the highway so you can talk to people while your car is stopped.
• Try not to drive through water. If there is any accumulation of water, especially if you cannot determine its depth, then you should drive around the water. You may need to stop suddenly and your brakes won’t work properly in water. Water can also damage your car.
• Look for debris and damage. After any natural disaster, the road is likely to have fallen branches, electrical wires, and other objects that can cause significant damage if you try to drive over them.

The failure to get off the road as quickly as possible or use extreme caution can cause drivers to collide with other cars or be struck by other cars as the vehicles try to maneuver away from the dangers.

Property inspections

Property owners should inspect their property after any natural disaster to ensure that customers and anyone with permission to be on the property can use it safely. Inspections after natural disasters may include working with local government officials and professional building inspectors. If there is potential structural damage, a cursory walk-through is not enough. Some of the common dangers of retail stores, apartments, restaurants, professional offices, and other commercial and nonprofit businesses after a natural disaster include:

• Wet floors
• Icy parking lots
• Scattered debris
• Falling objects
• Many other dangers that can make it easy for a customer to fall or be struck by an object.

Property owners may also be liable if their building violates any building codes and those violations contribute to someone’s injuries.

Government responsibility

The city of Boston, the state of Massachusetts, the Massachusetts Department of Transportation, or other government entities or agencies may be liable if they failed to provide proper warnings about the natural disaster, failed to properly supervise the use of the roads after the disaster, or failed to make necessary repairs after the natural disaster. We can explain when and how you can file a claim that involves the government.

Other defendants may be responsible for injuries or deaths after a natural disaster

Our Boston personal injury lawyers will review whether anyone else is liable for your injuries. These additional defendants may include the following:

• If the machine, equipment, and other products you use to protect yourself fail to work due to defects, you may have a personal injury claim. Examples include fire alarms, flood barriers, other flood protection devices, shelters, and generators.
• Cleanup and repair companies. The businesses that inspect and repair damaged buildings after a natural disaster may be liable if their repairs fail to meet building standards or are negligent in any way.
• Employers may be liable if they fail to evacuate their workers when they have timely notice of a natural disaster.

It’s rough when natural disasters strike. Many homes and businesses suffer severe property damage. Many individuals suffer injuries or death. These are times when you need to do more than just call your own insurance carrier. At Breakstone, White & Glucks, we fight to hold defendants who should have protected you accountable for your medical bills, pain and suffering, income loss, and other damages. Call us or fill out our contact form to schedule a free, no-obligation consultation today.