Bad weather often won’t be a solid excuse if the driver got into an accident. A duty of care would still exist in these situations. The weather could contribute to a collision, but fault might depend on other details surrounding the incident.
There are many things that can make you drive unsafely, and one of them is the weather. Conditions like an intense rainstorm or dense fog can easily impact your ability to operate your car.
But in a bad weather car accident, blaming the elements might not be enough. In these scenarios, there can be different considerations, such as how the driver responded. Did they slow down? Did they maintain a safe following distance? Was the road already dangerous before the weather turned? Answering these questions could be key in determining fault in this type of crash.
Does Bad Weather Excuse a Driver From Liability?
It might feel easy to blame the rain or snow for a collision, but it’s usually not a good excuse. Legally, all drivers have a duty to always operate their vehicles in a manner that considers their own and others’ safety. This responsibility not only applies to following road rules, but also to responding in unexpected circumstances caused by unfavorable weather.
If a car hydroplanes or skids on the frosty pavement, the driver involved can still be negligent if their carelessness led to the crash. The weather might only explain why it was challenging to drive, not why the crash happened.
Common Weather Conditions That Contribute to Crashes
The weather can be unpredictable and cause hazards on the road in a variety of ways. They can impact traction and visibility, and hinder a driver’s senses.
Noticing the signs and having the clarity to respond could be vital, especially in the following conditions:
- Rain: The water can reduce tire traction, increasing the risks of hydroplaning.
- Snow: When snow falls, it could make roads icy. In this scenario, a car might have difficulty stopping or steering. Risks also rise when the cold weather causes black ice.
- Fog: A fog or mist wouldn’t need to be very thick to impact a driver’s vision. As long as it worsens visibility, there can be an increased risk of a crash because it’s difficult to gauge distance.
- Strong wind: Some storms can be so strong that the wind could push a car from its lane.
- Flood: Pooling water during a storm can rise and get out of control. Sometimes, it can form a strong current that can sweep away vehicles.
What Counts as Negligent Driving in Bad Weather
Driving negligently in bad weather could get you in trouble legally. It could be more evident when you had chances to prioritize safety, but still chose the unsafe option. Some forms of this behavior could be subtle, but here are the obvious ones:
- Tailgating or following another vehicle too closely: Bad weather that affects visibility or makes the road slippery often requires drivers to maintain longer stopping distances.
- Refusing to slow down: The speed limit might be the standard, but strong rain and wind might warrant slower speeds.
- Improper use of high beams: High beams are often not ideal in foggy conditions. Instead of improving visibility, they can bounce off the fog and make it worse.
- Ignoring weather forecasts: When the news tells you it’s unsafe to drive out, it could be negligent to ignore these warnings on purpose.
Who Else Might Be Liable Besides the Other Driver
Most of the time, fault is on the negligent driver involved in an accident. However, placing fault on other parties can be possible, depending on the situation. If a government or private organization failed to repair potholes, maintain signage, or meet other upkeep obligations, they could be liable for the crash.
In this instance, taking action quickly could be vital. Deadlines and notice requirements for these cases are often shorter or stricter. A trucking company or another commercial entity can also be liable if the involved driver works for them and acted negligently. They can also have more stringent driving guidelines, considering the type of vehicle they operate.
Evidence That Matters in a Bad Weather Accident Claim
Proving fault in a bad weather crash usually depends on evidence showing how the other driver failed to adjust, not just that conditions were poor. Several types of evidence tend to carry the most weight.
- Data on the weather when the crash happened: Official weather reports could paint a picture of what the conditions looked like at the time.
- Dashcam recordings: Many vehicles have cameras fitted on their dashboards, providing a good idea of a car’s speed, distance, and the surroundings’ visibility.
- Speed data: Modern cars can record and keep this type of data for review later if needed for an investigation.
- Statements from witnesses: Other people on the road during the accident could also provide clarity by describing what happened.
Frequently Asked Questions About Bad Weather Crashes
Can I still recover damages if my crash was due to bad weather?
It is possible to recover damages for your bad weather crash if someone else is at fault. Blaming the weather alone might not suffice. Comparative fault rules might also apply, depending on where the incident happened.
Do I have to slow down below the speed limit when it’s raining or snowing?
Generally, yes. Doing so could make a huge difference when driving in bad weather. Sometimes, even running at the speed limit can become unsafe, depending on how strong a storm is.
What if I hydroplaned into another car?
Hydroplaning might not automatically remove fault from the driver. It could depend on whether the involved parties did anything unsafe, leading to the collision. An investigation could reveal this as the process moves along.
Are trucking companies held to a stricter standard when the weather turns bad?
FMCSA regulations cover trucking companies, considering the vehicle’s size and cargo. They often follow similar practices, such as slowing down, stopping, and keeping safe distance during bad weather. Failing to follow these guidelines could make them liable, depending on the circumstances.
Can I be found partly at fault just for driving in bad weather?
Deciding to go on a drive during severe weather might not place fault by itself. However, driving dangerously and causing a crash could. Other factors can also come into play based on what led to the incident.
