Who is at Fault in Car Accidents Due to Weather Conditions?

Bad weather conditions play a significant role in many car crashes. According to the Federal Highway Administration, about 21% of car accidents are due to weather conditions causing slick roads, low visibility, or other adverse driving situations.

But even if bad weather contributed to a car crash, that doesn’t necessarily mean drivers are blameless for the consequences. If you have been hurt in an accident you believe was caused by another driver—no matter the weather – contact a car accident lawyer as soon as possible to discuss your potential for receiving the compensation you deserve.

Driver Behavior Matters in Poor Weather Conditions

Insurance companies will often attempt to use bad weather as an excuse for why their party wasn’t responsible for a car crash. But the truth is that many car accidents that occur during bad weather conditions are not the fault of the weather itself, but how a driver responded to it.

Even in awful weather, drivers still have a duty of care toward their fellow drivers. Failure to exercise reasonable caution or foresight while driving can violate this duty and make a driver more at fault for a crash.

Examples of driver negligence in poor weather conditions include:

• Driving too fast for conditions. Drivers are expected to slow down to a speed that’s reasonable for the weather they are facing. A police officer can cite a driver for unsafe speed in certain conditions even if they were driving below the posted speed limit.
• Failing to maintain a safe distance. As with speed, drivers are expected to maintain a safe following distance from vehicles in front of them and consider how slippery roads could influence stopping times.
• Poor car maintenance. Bald or out-of-season tires, bad brakes, and ineffective windshield wipers can be a risk under normal conditions. In bad weather, they are practically begging to cause an accident. Drivers are responsible for checking that their vehicles are fit to handle the current weather.
• Improper use of lights. Failure to turn on headlights in rain or snow can contribute to accidents. However, so can the glare of using high beams in fog.

In such cases, bad weather conditions can actually mask driver responsibility. A car accident attorney can help prove driver fault and deal with the insurance agencies on your behalf.

RELATED: How Do I Dispute Fault After a Car Accident?

What Should You Do After a Car Accident Due to Weather Conditions?

Your actions after an accident can make a big difference toward the success of any potential personal injury case or settlement. It’s important to collect evidence as soon as reasonably possible, but your immediate safety in hazardous weather is a priority.

After a crash in bad weather, we recommend you:

• Call 911. Alert first responders and police as soon as possible. In addition to providing any needed emergency care, a police report may provide valuable evidence to your case.
• Remain in your vehicle, if reasonable. The weather could increase the risk of additional accidents and injuries. If your vehicle is still operational, move it to a safe location near the scene, such as the shoulder of the road, and wait for responders to arrive. Only leave your vehicle if staying will result in greater danger (e.g., the vehicle is on fire, or someone needs immediate medical attention).
• Receive medical care, even if your injuries seem minor. Accept any immediate medical care offered to you at the scene. And even if your injuries don’t seem bad, go to urgent care or your primary care physician for an evaluation, ideally within the first 24 hours. It can take time for the extent of car crash injuries to become apparent, and having a history of medical records can make it harder for insurance companies to deny your injuries are linked to your accident.
• Document more evidence when safe. If it is safe and reasonable to do so, take photos of accident damage on both vehicles, as well as any potential skid marks or debris. Request contact and insurance information from the other driver or drivers involved. Also speak with any eyewitnesses at the scene and receive their contact information.
• Contact a car accident attorney. The sooner you can speak with a personal injury attorney, the better. We can discuss the facts surrounding your accident and whether we should pursue compensation for medical bills, lost wages, long-term care, or other damages resulting from the crash. Also, the sooner we can begin our investigation of the crash, the less likely important evidence will have disappeared or been destroyed.

How Can You Reduce Your Risk of Accidents in Bad Weather?

By far, the most important reason to avoid car accidents due to weather conditions is to keep you and your loved ones safe.

However, a secondary benefit is that if an accident does happen despite your best efforts, demonstrating safe behaviors will look much better to any judge, jury, or insurance company involved in a potential personal injury case.

The best advice for driving in poor weather is to avoid it entirely, but that isn’t always possible. Here are a few driving considerations for when you must go out in bad weather:

• Slow down. If roads are icy or snowy, your car needs more time to stop. Drive at a speed where you feel in control and have suitable space between you and the car in front of you—even if that’s below the speed limit.
• Prepare your car for the season. Check your car seasonally to ensure you have proper tires, working windshield wipers, and windshield washer fluid (including de-icing fluid in winter). Make sure you stock your car with emergency supplies, such as a small shovel, ice scraper, cell phone charger, first aid kit, blankets, and snack bars.
• Perform regular safety checks. Make sure your headlights and brake lights are clear and working. Check your tire pressure regularly—cold weather can cause them to deflate. Make sure your vehicle has enough fuel (or charge) in case of emergencies.
• Avoid distractions. Keep all your attention on the road in poor conditions.

Contact Our Car Accident Attorneys, Rain or Shine

Bad weather is no excuse if a negligent driver caused you significant injury and damages. Let our attorneys handle your case while you focus on recovery and getting back on the road.

The Karl Truman Law Office serves clients in and around Louisville, Kentucky, and Jeffersonville, Indiana. Please call (502) 222-222 today for your free consultation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.