To determine fault after a weather-related car accident, investigators will need to consider several factors, like road conditions, driver behavior, vehicle upkeep, and witness statements.
Weather Causes 21% of Annual Car Accidents
According to the USDOT, over a million of the almost 6 million vehicle collisions every year in the US are weather-related. Around 5,000 people are killed annually - and over 400,000 people suffer injuries - in accidents caused by adverse weather conditions.
But when weather plays a significant role in a car accident, how is fault or liability determined between the drivers involved?
But when weather plays a significant role in a car accident, how is fault or liability determined between the drivers involved?
Determining Liability
To cut down payouts, some insurance companies argue about fault in weather-related accidents. They may attempt to condemn the weather conditions or shift blame between drivers so they will not have to fairly compensate victims of crashes.
This is why your attorney will also send an investigator to the scene of the accident to conduct their own independent analysis and gather information about the crash. Included in their assessments are questions involving:
1. Driver Behavior & Traffic Laws
Drivers are expected to practice reasonable care under all conditions, including bad weather. The law expects motorists to adjust their driving behavior to suit weather conditions. If they fail, they may be held partially or fully responsible, despite the weather.
2. Vehicle & Road Conditions
Factors like standing water, poor drainage, or slick road surfaces can cause collisions in bad weather. Any road condition or maintenance issue as the cause of a weather-related accident can be tough to prove and may involve multiple parties, such as government entities.
3. Evidence & Witness Statements
In bad weather conditions, gathering clear evidence can be challenging. Rain or fog can obscure skid marks, damage road signs, or eliminate other critical pieces of evidence that investigators may use to determine negligence. Poor weather conditions can destroy or blur video footage from traffic cameras or dash cams at the time of the accident.
4. Comparative Negligence & Proximate Cause
The proximate cause is defined as the primary element that led to the accident. Although bad weather conditions played a role in the collision, evidence must prove that the negligence of a driver involved was the proximate cause of the crash.
While bad weather contributes to the crash, drivers can still be partially at fault if they fail to adhere to traffic laws or take appropriate precautions. Motorists can be partly liable if they were not able to slow down, utilize headlights, or maintain a safe following distance.
Florida follows a pure comparative negligence system. The fault can be shared or distributed among the parties involved in a collision based on their degree of responsibility. Each party's degree of fault is determined as a percentage.
This is why your attorney will also send an investigator to the scene of the accident to conduct their own independent analysis and gather information about the crash. Included in their assessments are questions involving:
1. Driver Behavior & Traffic Laws
- Did the drivers involved operate their vehicles safely during the bad weather conditions?
- What were their speed and following distance at the time?
- Did all parties have their headlights, turn signals, or hazard lights on as required?
- Did anyone fail to yield the right-of-way, run a red light, or ignore a stop sign?
- Were any drivers following too closely or tailgating?
- Did any motorist involved violate traffic laws, such as speeding or failure to yield?
- Even if driving under the speed limit, did the driver travel too fast for the conditions?
Drivers are expected to practice reasonable care under all conditions, including bad weather. The law expects motorists to adjust their driving behavior to suit weather conditions. If they fail, they may be held partially or fully responsible, despite the weather.
2. Vehicle & Road Conditions
- Were the cars involved properly maintained for safe operation in bad weather?
- What were the conditions of the tire tread depth, windshield wipers, and brake lights when the crash took place?
- Did poor road conditions - including hazards like pot holes and debris - play a significant role in causing the accident?
- Was there any recent construction?
- Were the lanes marked clearly?
Factors like standing water, poor drainage, or slick road surfaces can cause collisions in bad weather. Any road condition or maintenance issue as the cause of a weather-related accident can be tough to prove and may involve multiple parties, such as government entities.
3. Evidence & Witness Statements
- What did the drivers, passengers, or bystanders say about the circumstances leading to the collision?
- Was there physical evidence like skid marks or damage to the vehicle following the accident?
- What were the final resting positions of the cars involved?
- Were there traffic camera or dash cam footage that captured the crash?
- Did witnesses or parties involved record any moment of the accident, its aftermath, or the subsequent interaction between the drivers?
In bad weather conditions, gathering clear evidence can be challenging. Rain or fog can obscure skid marks, damage road signs, or eliminate other critical pieces of evidence that investigators may use to determine negligence. Poor weather conditions can destroy or blur video footage from traffic cameras or dash cams at the time of the accident.
4. Comparative Negligence & Proximate Cause
- What steps did each driver take to avoid the collision?
- Did any driver see the other vehicle in time to react appropriately?
- Was bad weather the primary cause of the accident, or was it driver error?
The proximate cause is defined as the primary element that led to the accident. Although bad weather conditions played a role in the collision, evidence must prove that the negligence of a driver involved was the proximate cause of the crash.
While bad weather contributes to the crash, drivers can still be partially at fault if they fail to adhere to traffic laws or take appropriate precautions. Motorists can be partly liable if they were not able to slow down, utilize headlights, or maintain a safe following distance.
Florida follows a pure comparative negligence system. The fault can be shared or distributed among the parties involved in a collision based on their degree of responsibility. Each party's degree of fault is determined as a percentage.
Final Thoughts
Hire an attorney as fast as possible. Again, the insurance company should not be the only authority, especially since their best interests are usually the opposite of yours.
An attorney will not only conduct a thorough independent investigation but also aggressively confront the insurance company to fight against any at-fault judgement if the evidence is clearly in your favor. Your attorney will then negotiate rightful compensation for injuries and vehicle damage.
An attorney will not only conduct a thorough independent investigation but also aggressively confront the insurance company to fight against any at-fault judgement if the evidence is clearly in your favor. Your attorney will then negotiate rightful compensation for injuries and vehicle damage.
Call Wilkes & Mee today. Our Jacksonville car accident lawyers will work quickly to help you find medical care and vehicle repair if needed, investigate your weather-related accident, gather evidence, and confront the insurance company.