Car Accident Law

Weather-Related Car Accidents

Key Takeaways

  • Drivers must drive safely in bad weather, and if they cause an accident, they might be responsible, even if the weather makes driving tough.
  • If an accident happens because of bad weather, more than one driver can be at fault, and this can affect how much money each driver can get for damages.
  • Car insurance might cover accidents caused by bad weather, but it depends on who caused the accident and the type of insurance.

Snow storms, hurricanes, flooding, and other severe weather events increase the risk of getting into a car accident. Every year, thousands of drivers are injured in accidents involving bad weather. People can still be hurt even if an accident results in no major damage to your car. 

But even when the weather contributes to dangerous driving conditions, drivers can still be held responsible for causing an accident. If you were involved in an accident related to inclement weather, talk to a local car accident lawyer for legal advice.

Bad Weather Means Bad Driving Conditions

According to the U.S. Department of Transportation (DOT), weather can affect drivers’ abilities, vehicle performance, pavement traction, crash risk, and the flow of traffic.

A number of different weather conditions can make driving more dangerous. Snow, sleet, ice, and roads make it more difficult to drive, steer, and stop. Flooding can disable vehicles, stranding drivers and passengers. Heavy rain, tornadoes, blizzards, fog, and high winds can cause poor visibility, increasing the risk of an accident. 

According to the DOT, about 20% of vehicle crashes are weather-related, causing an average of 5,000 fatalities and about 418,000 injuries every year.

Most weather-related crashes involve wet pavement during or immediately after a rainfall. Other common causes of motor vehicle accidents include various winter conditions like sleet, snow, icy roads, or slushy pavement.

Drivers are responsible for safe driving no matter what the driving conditions are. If you are in a car crash, liability may depend on how you were driving during severe weather.

For example, since it is considered common knowledge that heavy rain can impact traction, speed limit, and driver capability, drivers are supposed to account for heavy rain by increasing their following distance slowing down to a safe speed, no matter what the posted speed limit is. If another driver rear-ends you while driving on wet pavement, that other driver could still be liable for causing the accident even if the wet pavement contributed to the crash.

Drivers are also responsible for proper vehicle maintenance. If a car can’t operate safely given the weather conditions, the negligent driver may be liable for causing an accident. Vehicle maintenance for weather includes:

  • Clearing snow and ice, particularly from windows and mirrors, for proper visibility
  • Proper tire inflation and tread (considering that fluctuations in temperature can contribute to deflated tires)
  • Ensuring that windshield wipers are in proper working condition, and replacing old wipers
  • Ensuring that headlights and taillights are working

Is the City at Fault for Dangerous Roads?

In some cases, the state, county, city, municipality, or property association may be responsible for dangerous freeway and road conditions. Generally, an auto accident injury victim has to show that a government or private agency was on notice of the dangerous conditions and failed to fix the problems.

In most cases, even if the government or property company is responsible, injury victims may be limited in how much they can recover in damages.

Multiple Drivers at Fault in Bad Weather Accidents

In many bad weather accidents, multiple drivers contribute to causing the accident. Under contributory negligence laws, you may be limited in how much you can recover in damages. States generally follow one of three contributory negligence rules:

  • Contributory negligence: If you were found to be any part responsible for the accident, you cannot recover damages from the other driver. Even if the other vehicle was 99% responsible and you are 1% responsible, you cannot get money from the other driver for your injuries.
  • Pure comparative negligence: The driver’s damages are reduced by their own percentage of fault. For example, if you are found to be 60% responsible for the accident you may still be able to recover 40% of your damages from the other driver.
  • Modified comparative negligence: Most states use a form of modified comparative negligence. In these states, the driver’s damages are reduced by their percentage of fault, but they can be barred from recovery if they are more than a certain percentage at fault, generally 50% or 51%.

Car insurance coverage for an accident in poor weather conditions may depend on the cause of the accident, the type of insurance coverage, and the state where the accident occurred. In the majority of states, car accident coverage depends on who was liable for the accident.

Drivers with comprehensive coverage can generally get coverage for vehicle damage not caused by another driver’s negligence. For example, if wind storms cause a tree to fall on your vehicle, comprehensive coverage could pay for the repairs after you pay the deductible.

Most states have car accident liability based on fault. The at-fault driver will be liable for property damage and personal injuries of the others involved in the accident. If you are found to be at fault for causing an accident, your auto insurance policy may have to cover the other vehicle driver’s injuries.

Some states have no-fault insurance laws. States with no-fault insurance require drivers to have personal injury protection (PIP). PIP should cover the costs of a driver’s injuries regardless of who was at fault for the accident.

Talk to an Attorney To Learn More

Liability in a weather-related car accident can be complicated. If you have questions about liability, insurance company coverage, and paying for medical bills after a car accident in dangerous weather, talk to a car accident attorney for help. An attorney can advise you about your legal rights and options and help you determine if you have a strong claim for compensation.

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