Across the United States, drivers face ever-changing weather conditions that can impact road safety. From sudden downpours and icy roads to dust storms, fog, and heavy snow, Mother Nature often catches us by surprise. You can’t control the weather, but it can affect your entitlement to compensation if you are injured in a weather-related collision.
When Bad Weather Meets Bad Driving
It’s a common misconception that adverse weather absolves drivers of responsibility in an accident. However, a rain or snowstorm does not give you a free pass — the law requires drivers to adjust their behavior according to road conditions. Let’s look at some examples of how motorists might still be responsible for a crash even when bad weather was the primary contributor:
Speeding in the Rain
A driver maintains the top speed limit on a highway during a heavy rainstorm. Slick tires on standing water cause the driver to hydroplane. They lose control of their vehicle and rear-end the car ahead. The driver was not speeding — they were within the limit — and the standing water caused them to lose control, but they can still be liable. That’s because they failed to reduce their speed sufficiently in the treacherous conditions. If they had, they might not have lost control — or at least have been able to recover traction and avoid a collision.
Tailgating in Foggy Conditions
On a foggy morning, a driver follows the car ahead too closely. The traffic suddenly slows because of a stoplight, although the driver cannot see it because of the mist. In any case, they cannot stop in time and cause a multi-vehicle pile-up. The driver might not have been able to see why traffic was coming to a halt, but that doesn’t matter; they should have kept a reasonable distance from the car ahead.
Failure to Maintain a Vehicle in Cold Weather
A car’s tires are on their last legs. The driver knows this and wants to eke out a couple more miles before replacing them. They’ve made shorter trips without issue, and it’s a short drive to the grocery store to grab some essentials before the driver will be snowed in for the weekend. As they drive, the low temperatures cause the tires to lose pressure and puncture. They lose control of their vehicle and plow into a guardrail. The hazard also leads to motorists behind suffering minor fender benders and potential injuries.
While the puncture was the primary cause of the crash, the inciting event — the reason the puncture even happened — was the driver’s negligence in driving with tires in such poor condition.
When You Might Have a Claim
If you’re injured in a weather-related accident, you may be entitled to compensation if:
- Another driver failed to adjust their driving to the weather, causing the accident.
- Road authorities neglected to address known hazards, such as failing to salt icy roads or provide adequate warning of flooded areas.
- A vehicle malfunction contributed to the accident, such as faulty windshield wipers or defective tires that cannot maintain pressure.
- You were a passenger in a vehicle where the driver was at fault.
Understanding Comparative Negligence
States have different negligence laws, which determine your options for recovering compensation if you are partly to blame for your accident. For example, one driver may be majorly at fault for speeding, but you may also be partly liable if you were looking at your phone or otherwise distracted during the crash.
Many states follow comparative negligence rules, which can affect your ability to recover damages if you’re partially at fault for an accident. There are two main types:
- Pure comparative negligence: States with these laws allow you to recover compensation even if you’re mostly at fault, although your recovery will be reduced by your percentage of fault.
- Modified comparative negligence: These states allow you to recover compensation if your fault falls below a certain threshold (either 50% or 51%). If you’re found to be at or above that threshold of fault, you cannot recover damages.
Contributory negligence is the most archaic and severe of negligence types — states with this negligence law prevent individuals from recovering compensation if they are even one percent responsible for their accident. Just four states — plus the District of Columbia — adopt contributory negligence rules: Alabama, Maryland, North Carolina, and Virginia.
Always check the specific laws in your state, as they can significantly impact your claim.
Proving Your Case
Establishing fault in a weather-related accident can be challenging. Here’s what can help strengthen your claim:
- Photographs: Images of the accident scene, including road conditions, the weather, vehicles, and your injuries, can be crucial evidence. Photos demonstrate the relative position of vehicles to show what happened and who is at fault and prove when you sustained your injuries.
- Witness statements: Accounts from other drivers or bystanders can support your claim, especially if the other party denies liability or tries to blame you.
- Expert witnesses: Expert witnesses play a crucial role in weather-related accident cases. Medical professionals can testify about the severity and long-term impact of your injuries, accident reconstruction specialists can show how inclement weather and driver behavior contributed to the collision, and engineers can assess vehicle defects or road design issues to determine the extent to which they contributed to the crash.
- Crash reports: The crash report — sometimes called a police or accident report — is a vital piece of evidence in motor vehicle claims filed by a responding law enforcement officer. It documents critical details such as the weather and lighting conditions when the accident occurred, the visible injuries and vehicle damage sustained, citations issued by the police for drunk driving or other offenses, and the contributing factors that led to the accident. These factors are wide-ranging, from road rage and driver fatigue to driving while intoxicated, following too closely, and speeding.
Inclement weather can contribute to accidents, but it is never an excuse for negligence. If you’ve been injured in a weather-related crash, you might be entitled to recover compensation for your losses, such as your medical bills, wages from being unable to work, physical pain, and emotional distress. It is recommended to consult an experienced lawyer near you — for example, an accident attorney in San Antonio if you are injured in Texas — who can protect your rights, explain your legal options, and negotiate a fair settlement or represent you at trial to secure the compensation you deserve.
