So far, there have not been many cold days this fall going into what is officially Winter. With this odd weather pattern and temperatures being higher than normal, we tend to get a lot of foggy morning weather. We are also getting rain instead of snow.
There is no question it is more dangerous to drive in dense fog, but that does not mean that any time an accident occurs, the at-fault driver can avoid liability to plaintiff for his or her injuries because it was difficult to drive with such poor visibility. In the Commonwealth of Massachusetts, the law imposes a duty on every driver to operate his or her motor vehicle in a reasonable and prudent manner so as to prevent foreseeable injury to foreseeable persons and places. Continue reading