Have you ever been involved in an accident on slippery roads, foggy conditions or icy roads?
Mother Nature sounded like a good excuse. Many motorists think that when nature causes an accident, no one is truly at fault. Think again. Nature isn't going to pull away from the scene of the crash… Someone still will.
Weather-related accidents happen more often than you'd think. Roughly 21% of all car accidents are caused by bad weather. That's over a million crashes per year.
Here's the thing:
Inclement weather affects how an accident investigation is conducted. It impacts who is found liable. Weather also affects how liability is determined.
Let's break it down…
In this guide, you'll find:
- Does Bad Weather Excuse a Driver?
- How Fault Is Decided in Weather-Related Crashes
- Damages You Can Still Recover
- What To Do After a Weather Crash
Does Bad Weather Excuse a Driver?
Short answer? No.
Rain, snow, fog and ice don't give anyone a free ticket. All drivers have a responsibility to drive in a manner that is safe for the conditions. If the roads are slippery, you should drive slower, leave more distance and pay more attention.
A driver has a duty to pay attention despite that. They can be held liable for failing to do so and causing a collision, even in inclement weather. A skilled Tampa car accident lawyer can assist you in determining liability after being injured in a storm-related accident. They can also explain what your economic and non-economic damages could potentially be. Weather may be a cause, but it's usually not the sole cause.
Think about it this way:
The posted speed limit assumes ideal conditions. Visibly dry day with no obstructions. When it starts raining or snowing and roads are icy, that "safe speed" is much lower. Someone driving at 65mph through a rainstorm is not driving responsibly, they are being reckless.
And that's exactly what liability comes down to.
How Fault Is Decided in Weather-Related Crashes
So how do you figure out who's at fault when the weather is involved?
The issue really comes down to one question: Would a reasonable person have acted in the same way as the driver?
If the answer is no, then they are probably liable. Investigators and insurance adjusters will consider:
- Speed: Was the driver going too fast for the wet or icy road?
- Following distance: Were they tailgating when stopping takes longer?
- Vehicle condition: Were the tires bald? Were the wipers or lights broken?
- Driver behaviour: Were they distracted, tired, or impaired on top of it all?
Speed is a big one. 45% of speeding-related fatal crashes involved either moving or standing water. A significant percentage involved ice or snow. Let that sink in. Weather doesn't cause most of these accidents. Poor decisions in poor weather do.
Here's a quick example…
Imagine two cars driving in dense fog. One driver slows down and turns on their low beams. The other maintains speed and crashes into the first car from behind. The fog didn't cause that accident. The second driver did. They are who pays the piper.
The Shared Fault Wrinkle
Sometimes both drivers messed up a little.
Perhaps one driver was speeding. Maybe the other driver had his taillight out. Fault can be apportioned between parties in most states. This principle is known as comparative negligence. If you are 20% at fault, your recovery is reduced by 20%.
That's why weather crashes become complex very quickly. The insurance company will try to place some of the fault on you to reduce their payout. Don't let them.
Damages You Can Still Recover
Rain, rain or snow does not wash away your right to fair compensation.
Even if another driver was negligent and caused your injuries, you may be able to recover damages for economic and non-economic damages. There are two categories:
Economic damages are the costs you can put a number on:
- Medical bills (past and future)
- Lost wages from missing work
- Property damage to your vehicle
- Rehab and therapy costs
Non-economic damages are the losses that don't come with a receipt:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Physical impairment or disfigurement
Both kinds are important. Non-economic damages can exceed your medical expenses in a serious accident. The key is proving those damages exist through evidence and competent legal counsel.
Don't let anyone tell you a weather crash is worth any less. Your claim is valued based on your injuries and the other driver's negligence, not if it was just snowing.
What To Do After a Weather Crash
Okay, so you've been in a wreck during bad weather. What now?
Your actions during those first few minutes and days may determine whether your claim succeeds or fails. Here's how:
- Safety first. Safety should always be your number one concern. Exit the roadway if necessary.
- Call the police. A police report is worth its weight in gold. It creates an official record of both the crash and the conditions.
- Take photos. Photograph the road, weather, damage, and any skid marks. Conditions can change quickly.
- Obtain witness information. If anyone saw the accident they can corroborate your version of events.
- Go to the doctor. See a doctor even if you feel okay. Some injuries can be hidden.
Documentation is key. When the insurance company wants to blame "the weather," your pictures and police report reveal what happened.
One more thing…
Watch what you say at the scene of an accident. Even something innocent as "I didn't see them in the rain," could be misquoted and used against you. State the facts and let the police report stand for itself.
Bringing It All Together
Bad weather conditions make the roads hazardous. There's no denying that. However, it doesn't absolve a driver from driving safely.
Rain: Somebody speeding in bad weather. Tailgating on ice. Driving around with bald tires in the rain. Guess who's wrong? Let's review real quick:
- Weather doesn't excuse negligence. Drivers must adjust to the conditions.
- Fault comes down to reasonable behaviour in the same situation.
- You can still recover both economic and non-economic damages.
- Documentation is everything after a weather-related crash.
Translation: The Takeaway? Don't let someone try to pin bad weather on you when an irresponsible driver caused your injuries. Rain doesn't tailgate. People do.
Collect your documentation, know your rights and insure that the responsible party is held liable.
