Road Safety at Risk During the Holidays: Proving the Other Driver Was at Fault

January 3, 2023by LegalASAP

We want holidays to be as joyous as possible. But the harsh reality of a spike in auto accidents during the festive season can’t be ignored. This post will examine why this tragedy occurs the most during this most wonderful time of the year, and what an auto accident attorney can do for you or affected loved ones critically hurt in an accident.

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The truth about holiday accidents

We don’t want to alarm you regarding safety this holiday season. But it’s a fact that automobiles are the most dangerous method of transportation. It’s also a fact that automotive accidents rise during the holiday period. From Christmas through New Year, fatal automotive accidents increase significantly. In truth, the entire winter season tends to have elevated risk when it comes to driving. 

Why auto accidents spike around the holidays

There are a few reasons why auto accident injury claims rise over the holiday season. Sometimes, they’re explicitly related to the narrow period between Christmas and New Year’s Day. In other cases, they’re more closely related to the natural risks of the colder winter months. Some factors that mean you may need an auto accident attorney near you include the following examples outlined below.

Poor visibility 

The holidays are often thought of as a season of lights. Perhaps the reason people want to light up their homes is because of how dark it gets outside. Many drivers are surprised at how quickly darkness falls and end up driving in evening conditions they’re unprepared for. The winter can also bring blizzards, fog, or heavy snows, which can all obscure visibility and make an accident more likely. 


For many, the end of the year isn’t always a happy time. Trying to get everything organized for the holidays leads to stress. For others, the end of the year means burnout at work as they attempt to wrap up projects. For many, the holidays are a time of loneliness and angst, rather than comfort. 

The upshot of this is that many drivers have their minds on things other than the road during the holiday season, which can all lead to a situation where you need a car accident injury lawyer. 

Hazardous road conditions

Another potential cause for auto accident injury claims is the dangerous road conditions that tend to arise during winter months. We’ve already mentioned how visibility can be affected by winter weather. However, the road itself can be subject to ice and snow, making it more difficult for drivers to maintain control of their vehicles. This is especially dangerous in areas that don’t usually receive ice, significantly increasing the chance of motor vehicle accidents.

Drunk driving 

Alcoholic beverages are a traditional staple of many people’s holiday celebrations. Enjoying some spiked eggnog or wine during the holidays is fine, of course. However, many people make the foolish decision to get behind the wheel after drinking. With so many people attending parties with booze, there’s a greater chance of getting injured in a car accident with alcohol involved. 

How to prove fault in a car accident

If you do end up with injuries sustained from an automobile accident this holiday season, you’re going to want to make sure you can successfully file your accident claims. A good auto accident attorney will have a variety of methods for helping you prove fault in a car accident. There are a few major factors to keep in mind for proving fault.

Traffic violations

Proving fault in a motor vehicle accident is significantly simpler when there are clear traffic violations. If the rules of the road have been plainly broken, it’s much easier to establish fault. These violations could include failing to yield, running through a stop sign, or going over the speed limit. Obviously, take care you’re matching violations to local and state laws. An auto accident attorney can help you parse local legislation to better understand if there was a traffic violation. 

“No doubt” liability

Within the context of motor vehicle accidents, “no doubt” liability applies in cases where the specific nature of the incident removes any question as to who is at fault. Auto accident attorneys will often tell you the most clear-cut case of a “no doubt” liability is the rear-end collision. In nearly all cases, the law favors the driver who is rear-ended. It’s understood to be the responsibility of the rearmost driver to avoid a collision in most circumstances.  


As with any legal action, the more witnesses you can provide to the motor vehicle accident, the better. Verification of the incident by credible witnesses will go a long way toward building a solid case. Even better than witnesses, however, are official police reports. A police report is one of the most potent forms of proof you can bring to your auto accident attorney. 

Why hire an auto accident attorney

If you or your family members have been injured in a motor vehicle accident this holiday season, don’t hesitate to contact an auto accident attorney. If you need help finding one, don’t hesitate to contact us right away, or take our free evaluation to get started on your path to compensation.

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