Bad weather, black ice, heavy snowfall, and slippery roads can make it more difficult for even the most experienced drivers to control their vehicles. The US Department of Transportation Federal Highway Administration estimates 1.2 million weather-related crashes on average annually, 16% of which result in fatalities.
You can always file a claim for a weather-related accident, and insurance companies make certain considerations depending on the weather and road conditions. However, who's to blame when a car accident is caused by bad weather?
How do the Courts and Insurance Companies Determine Who's at Fault?
When accidents occur in bad weather conditions, establishing liability can be more complex. While drivers are responsible for taking appropriate precautions, accidents can still happen despite their best efforts. In such cases, insurance companies and courts carefully examine various factors to determine fault and allocate responsibility fairly.
Factors Considered in Determining Fault
The factors considered will depend on your specific case, jurisdiction, and more, but here are some of the potential factors that courts, attorneys, and/or insurance companies might consider.
- Weather Conditions: Insurance companies and courts consider the prevailing weather conditions at the time of the accident. Factors like heavy rain, snow, ice, fog, or strong winds can significantly impact road conditions and visibility, making accidents more likely.
- Road Conditions: The state of the road surface plays a crucial role in accident investigations. Potholes, icy patches, standing water, or poor road maintenance can contribute to accidents during inclement weather.
- Traffic Signals and Signs: The behavior of drivers in response to traffic signals and signs is scrutinized. Did the drivers follow traffic rules despite the adverse weather conditions, or did they disregard signals, leading to the accident?
- Driving Behavior: The actions of the drivers involved are thoroughly analyzed. Did they exercise caution, reduce speed, and maintain a safe following distance given the weather conditions? Or were they driving recklessly or negligently, which contributed to the accident?
- Eyewitness Accounts: Statements from eyewitnesses who observed the accident can provide valuable information about the sequence of events and the behavior of the drivers involved.
- Police Reports: Official police reports often detail the circumstances of the accident, including weather conditions, road status, and any potential violations committed by the drivers.
- Expert Analysis: In complex cases, insurance companies and courts may seek expert analysis, such as accident reconstruction experts, to understand how the weather and road conditions contributed to the accident.
Challenges in Determining Fault
Determining fault in bad weather accidents can be challenging due to multiple contributing factors. It is not uncommon for both drivers to share some degree of responsibility. In some cases, a third party, such as a municipality responsible for road maintenance, could also be partially liable for the accident.
Comparative Negligence
Some states follow a "comparative negligence" rule, where fault is apportioned between the parties involved based on their respective contributions to the accident. This varies widely from state to state, so be sure to talk to a local attorney to learn more.
Given the complexities involved, it's essential for individuals involved in accidents during bad weather conditions to seek legal guidance and representation. An experienced personal injury attorney can help navigate the intricacies of the case, protect the individual's rights, and advocate for fair compensation.
Remember, even if bad weather was a contributing factor, drivers are still expected to exercise reasonable care and adapt their driving to the conditions. Taking necessary precautions and driving responsibly can significantly reduce the risk of accidents in adverse weather.
Why is it Important to Know Who's at Fault?
Knowing who's at fault will determine the extent of insurance coverage and damage payments.
For instance, a 50-50 fault decision might be made if two vehicles collide due to the fault of both drivers. This doesn't clear the drivers of any fault. Instead, they'll share the fault of the accident.
It might also be different if was determined that one driver was going too fast for conditions. If this is the case, that driver may be held responsible for a larger portion or all of the total damages.
In the case of a personal injury lawsuit, the details of accidents and determining fault will greatly affect the court's decision.
What Happens When the Fault is Determined?
Weather-caused accidents will still appear on your insurance record, and they'll treat them as any other at-fault accidents.
If you've been determined at fault for a road accident due to inclement weather, and you feel that it was unfairly given, you have the right to appeal the decision. Remember that bad weather and road conditions can't be your only reason for the appeal. Unless you can show evidence that another party was at fault, the decision will more likely stand.
Consult with a reputable law firm that specializes in transportation accident litigation to know what evidence you need to acquit yourself from blame.
During Weather-Related Accidents, Attorneys Will Verify if:
- The driver was not exceeding the speed reasonable to the weather condition
- The driver was observing a safe distance from other vehicles
- The weather event was unexpected, and not an anticipated occurrence
- The driver could have done something to avoid the accident. If there are actions that the driver could have taken to avoid the crash, the driver could be held liable.
In rare circumstances, the driver may be able to use an "Act of God" defense to prove lack of liability. This applies to instances that leave the driver no way to avoid the accident. For instance, if the vehicle is unexpectedly forced into oncoming traffic by a flash flood or a sudden tornado, then the driver may not be liable for the accident since the driver could not have done anything to avoid it.
Also, if hazardous road conditions contributed to the accident -- defective potholes, damaged roads, debris, or uneven shoulders -- the organization or entity in charge of roadway maintenance may also be at partial fault.
Were You Injured Due to a Weather-Related Accident?
If you have been injured during a weather-related accident, you may be entitled to compensation for the damages and injuries. However, you must provide enough evidence that another party or another driver acted negligently given the circumstances. These charges include driving with limited visibility, speeding, or failure to ensure your tires and brakes are in tip-tops shape.
Also, make sure that you observed all traffic regulations. For instance, if you weren't wearing your seatbelt at the time of the accident, the court may reduce your compensation by the degree to which you are at fault.
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How to Avoid Accidents Caused by Bad Weather
Moving forward, the best way to avoid the problem is to practice extra precaution when driving during winter or bad weather. It would also help to be prepared for bad road conditions. Winter-proof your car to avoid engine trouble during the colder seasons. This will decrease the likelihood of you losing control of your car.
Also, consider switching your windshield fluid to something that contains antifreeze to keep your windows clear. Check your tires and use appropriate winter tire models. Lastly, clean your headlights and windows to clear off any dirt that can affect your visibility while driving.
You can never be too careful when driving during inclement weather. If the road conditions are especially bad, stay off the road altogether to avoid accidents.
Whenever you get behind the wheel, you're accepting the responsibilities of the road. If you can't do away with driving in bad weather, make sure to drive at reduced speed, pull over if visibility is impaired, and ensure your vehicle is in perfect condition before going out on the road.
How Can Cooney & Conway Help You?
Not sure whether you have a potential claim? Consult with a reputable personal injury attorney at Cooney & Conway. Fill out our free case evaluation to learn more about your case.
You don't have to deal with weather-related accidents and stubborn insurance companies alone. Team up with a reliable local attorney to prevent taking all the blame for an accident caused by bad weather.