Weather events such as hail and snow can have a big impact on the safety of our roads. If there’s a sudden change in weather – such as from sunny skies to heavy rains – it can cause a driver to lose control of their vehicle which in turn may lead to an accident. Gather evidence for your accident, including photos, witness statements, police reports, and medical records, to strengthen your case.
But is the driver still to blame in such situations?
How Courts and Insurance Companies Determine Fault
When accidents occur in bad weather conditions, it can be difficult to establish liability. While drivers are ultimately responsible for taking appropriate precautions, accidents can still happen. In these cases, insurance companies and courts will need to carefully examine various factors to determine fault and assign the blame fairly among those involved.
A car accident can typically lead to an increase in your insurance premium, especially if you’re found at fault. However, the extent of the increase depends on factors like the severity of the accident, your driving history, and your insurance provider’s policies.
Factors Considered When Determining Fault
When determining fault, the insurance companies and courts will carefully look into various factors such as:
Weather Conditions
Prevailing weather conditions like heavy rain, strong winds, snow, fog or ice can significantly impact road conditions and visibility.
Road Conditions
Potholes and poor road maintenance can cause accidents particularly during poor weather conditions.
Traffic Signals and Signs
Did the drivers follow traffic rules in spite of the adverse weather conditions? Or did they disregard the traffic signals?
Driving Behavior
The insurance company or the court will check if the drivers exercised caution, reduced their driving speed, and maintained a safe distance with other vehicles.
Toxicology Reports
If there are suspicions of impaired driving, toxicology reports may be analyzed to determine if alcohol or drugs played a role in the accident.
Eyewitness Accounts
They will also get statements from eyewitnesses who can provide valuable information about the sequence of events prior and during the accident.
Police Reports
Official reports will be reviewed as well. These documents detail the circumstances surrounding the accident including weather conditions, road status, and any violations committed by the drivers.
And if the case is truly complex, accident reconstructionists and other subject-matter experts may be consulted in order to understand how (or if) the weather and road conditions contributed to the accident.
Who Pays for My Injuries in an Accident Caused By Bad Weather?
Determining liability in a car accident caused by bad weather is not a simple matter as it’s possible that several parties may be held accountable. Just to give you some scenarios:
- If you were using your phone to tell your spouse about the bad weather (distracted driving) and this contributed to the accident, you may be held liable.
- If the other driver’s actions contributed to the accident (such as reckless driving), they may be held liable.
- If the government agency responsible for road maintenance and traffic signals failed to adequately maintain the roads or provide proper signage, they may be held liable.
- If the at-fault driver was acting within the scope of their employment at the time of the accident, their employer may share liability.
- If a vehicle or its parts were defective and such defects contributed to the accident, the manufacturer could be held liable.
The best way to determine who will pay for your injuries from the accident is to seek legal representation. Through negotiation or court proceedings, a lawyer can help you recover various expenses and losses including:
- Current and future medical treatment expenses
- Lost income due to missed work
- Decreased earning capacity resulting from long-term injuries
- Vehicle repair and property damage expenses
- Other documented miscellaneous costs
- Compensation for pain and suffering that you endured as a result of the accident
A car accident lawyer will work diligently to ensure you receive appropriate compensation for the damages you’ve incurred in a bad weather-related accident.