Weather-related accidents are extremely dangerous and unfortunately common car crashes.
Whether it’s snow, ice, rain or fog… bad weather causes thousands of preventable accidents every year. Many of them end up severely injuring drivers, passengers and pedestrians.
Drivers tend to think… since the weather was bad… Nobody is to blame.
That simply isn’t true.
Drivers have a duty of care to themselves and others around them regardless of the weather conditions outside. When that duty of care is breached and someone gets hurt… there are legal options to pursue.
Understanding how bad weather affects liability could be the difference between drowning in car accident medical bills and receiving the compensation deserved. A car accident lawyer Lakeland can help victims navigate these situations and fight for what they’re owed.
What you’ll pick up:
- Why Weather Doesn’t Eliminate Fault
- The Most Dangerous Weather Conditions For Drivers
- How Liability Works In Weather-Related Crashes
- What To Do About Car Accident Medical Bills After A Weather Crash
- Legal Options You Need To Know
Why Weather Doesn’t Eliminate Fault
This is the biggest lie told about weather-related crashes…
Nobody is to blame if the weather caused the crash.
Insurance companies love saying this because it allows them to get out of having to pay on claims.
If the weather was bad during a crash… someone can still be held liable.
A car has to drive differently when the weather is bad. That means slower on wet roads, leaving more space between vehicles and even pulling over if visibility drops.
If someone fails to do those things and causes an accident… they are just as liable as they would be if the weather was clear.
As long as a driver has the duty of care to others on the road. Weather doesn’t absolve them of that responsibility.
In fact… Bad weather creates a higher duty of care.
The Most Dangerous Weather Conditions For Drivers
Weather isn’t equal when it comes to crashing…
Some forms of bad weather pose a much higher risk than others. Rain is the number one cause of weather-related crashes according to data from the Federal Highway Administration. (About 75% of all weather-related accidents occur on wet pavement while another 47% occur during precipitation.)
But rain isn’t the only problem. Here are some of the worst weather conditions for drivers:
- Ice and Snow: Ice covers approximately 10% of all roads during winter storms and leads to an estimated 156,000 crashes per year. Traction is significantly reduced making it hard for drivers to brake or steer.
- Fog: Thousands of crashes are caused by low visibility every year. Drivers tend to not slow down when they can’t see which leads to rear-end collisions.
- High Winds: Wind can push vehicles into other lanes. Winds also make it hard to control semi trucks and SUVs.
How Liability Works In Weather-Related Crashes
If the weather was bad during an accident… who is at fault?
It depends. But nine times out of ten someone drove negligently given the conditions and caused the accident. Some things insurance companies will look at to determine liability include:
- Was the driver speeding given the conditions?
- Did they leave enough distance between themselves and the car in front of them?
- Were the driver’s windshield wipers, tires, and headlights functioning properly?
- Could the driver have done something to avoid the accident?
If someone was speeding on the highway during heavy rain and rear-ended someone… The weather didn’t cause the accident. The driver did.
Poor weather can also cause faults to shift to government agencies and even vehicle manufacturers in some cases. If the roads lacked sufficient drainage causing a crash… that opens up the government as a defendant. Defects with tires, brakes and wipers can also be grounds for a lawsuit with the manufacturer.
Weather won’t automatically protect someone from being liable. There’s always someone that can be held accountable.
What To Do About Car Accident Medical Bills After A Weather Crash
No one expects to see medical bills after they’ve been in an accident. But after a crash…
Medical treatment is going to be needed.
Whether it’s a hospital stay to make sure there are no hidden injuries or chiropractic bills to heal a back injury… These costs can add up quickly.
Here’s what every accident victim should know:
The at-fault driver’s insurance is responsible for covering medical bills after a crash. However dealing with insurance companies is never easy. They will try every tactic in the book to pay out as little money as possible.
One way they try to lower payouts? Blaming the weather.
This is why it’s important to always document a weather accident. Take pictures of the scene, the roads, injuries and the damage to all vehicles involved.
Weather accounts for around 21% of all vehicle crashes. If insurance companies can place blame on the weather instead of the driver… they will.
Don’t let insurance companies victim-blame after an accident. Provide evidence the other driver caused the accident and fight for the compensation deserved.
Legal Options You Need To Know
Victims of weather-related accidents have a few legal options. Some of those options include:
- File a personal injury claim against the at-fault driver’s insurance.
- File a negligence lawsuit against the driver if they refuse to provide a fair settlement.
- File a claim against a negligent government agency if poor roads contributed to the crash.
- File a claim against a vehicle manufacturer if faulty equipment caused or contributed to the accident.
There is a limited amount of time to file a personal injury lawsuit in most states. It’s best to seek legal help as soon as possible.
An attorney can evaluate the case and help guide victims through the process of fighting for their rights.
The Bottom Line
Weather accidents cause thousands of injuries and billions of dollars in damages every year.
But bad weather isn’t an excuse for negligence on the roads. Drivers have an obligation to operate their vehicles safely no matter the conditions.
Anyone dealing with medical bills after a weather-related accident should not worry. Document everything, seek medical attention and pursue every legal avenue available.
Life may have dealt a bad hand with the weather… but that doesn’t mean settling for the insurance company’s hand.
