Who’s at Fault for a Car Accident Caused by Weather Conditions
Car accidents cause a lot of unwanted physical, emotional, and financial stress. There are many accidents that happen in normal weather conditions due to recklessness and distractions. But even drivers who are attentive and safe can become the victims of accidents in bad weather conditions.
Out of the 5,891,000 vehicle crashes that occur each year in the United States, the Department of Transportation found that approximately 21% of these crashes are related to bad weather.
Inclement weather creates dangerous driving conditions. Weather conditions like fog can affect your ability to see, which can make driving unsafe. Other weather conditions such as rain, ice, and snow can create slick pavements from the mixture of moisture, oil, and dust on the roads’ surface.
Although most people think of cold and/or wet conditions as being dangerous, even on sunny days the sun glare can cause visibility impairments and be hazardous.
Since driving is dangerous during adverse weather, many believe that they should not be held accountable for an accident that happens due to conditions they cannot control.
Unfortunately, insurance companies don’t share the same beliefs, so drivers might wonder who’s at fault when these types of accidents occur.
I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.
Liability in a Weather-Related Motor Vehicle Crash
While bad weather may be the cause of a weather-related car accident, pursuing it as the culprit for your accident can be difficult.
Depending on the circumstances, the individual operating the vehicle that caused the accident can’t use the weather as an excuse and will typically be at fault.
Drivers are expected to stay off the roads during weather conditions that are too hazardous to operate a vehicle safely. As a result, they have to take full responsibility for themselves, their passengers, and their car should they decide to get behind the wheel under these conditions.
Every driver on the road already has a duty to others to avoid a collision, but they must exercise a higher level of care when driving in bad weather because of the unsafe conditions.
Drivers should take extra precautions to avoid an accident during inclement weather. This means driving under the speed limit, taking turns slowly, using hazard lights, pulling over if visibility is poor, and ensuring that the vehicle is safe to operate.
While road conditions are also considered when a car accident happens, the driver that lost control will generally be responsible for any damages they caused. For this reason, all involved drivers can even be held liable for their damages.
How Liability is Determined in a Weather-Related Accident
The key to determining liability for a bad weather car accident is to establish the negligence of the other driver. In this case, negligence is a term typically referred to as instances where a driver does not practice proper caution in hazardous weather conditions.
The following are examples of ways a driver can be found negligent in driving in poor weather conditions:
● Driving with the knowledge of the unsafe weather conditions
● Driving at an unsafe speed that did not reflect on the conditions of the weather.
● Taking a turn at an accelerated speed on slippery pavement
● Not leaving enough distance between vehicles
● Failure to use headlights in poor visibility conditions
Negligence can also be due to poor vehicle maintenance, such as:
● Worn-out tires
● Weak brakes
● Malfunctioning of lights
● Ineffective windshield wipers
Even safe and prepared drivers can find themselves in a car accident. Just as you cannot control the weather, you also cannot control other driver’s actions.
If you believe the other party is at fault in a bad weather accident, you should contact an experienced Personal Injury Attorney. Call the experienced lawyers from The Brown Firm to get the compensation you deserve.
Contact us at (912) 200-9755 to find an attorney near you to get your Free Consultation or click the link below.
Ready to Talk to a Lawyer Who Has Your Back?
Our Recent Personal Injury Articles
Jaclyn faced injuries, bills, and more after being hurt in an accident her driver caused. Learn how our persistence helped her win the money she deserved.
While most of a personal injury settlement is tax free, you may owe taxes on certain types of damages or interest. Learn more in this article.
The size of a herniated disc settlement can vary significantly based on several factors. Read to learn more about how damages are calculated.
Our car accident law firm discusses the best way to handle a car accident on private property in Georgia or South Carolina. For legal help call The Brown Firm.
Learn about special damages, punitive damages, and other money you can win in a personal injury trial—and how an attorney can help.
In the article inside, we will explain how to determine your slip and fall case's value.If you were recently injured from a fall due to hazardous conditions on someone else's...
In the article below, we will go over some of the truck accident questions our Truck Accident Lawyers are asked most often. Call for a free consultation. If you've recently...
In the article inside, we will examine what constitutes nursing home neglect and what can be done about it. Failure to meet the needs of a nursing home resident is...
Learn what personal injury is, if you might have a personal injury case, and how to get the compensation you deserve with the help of an experienced attorney.
Inside we will dive deeper into car accident claims for children and some key differences between a personal injury claim for an adult and a child.
Contact The Brown Firm
Get the Answers and Compensation You Deserve
You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild. We serve all of Georgia and South Carolina from four conveniently located offices in Savannah, Atlanta, Athens, and Okatie.
Schedule your free consultation by calling (912) 324-2498 or completing our simple online form.