Weather Conditions Caused my Accident, Who is at Fault?

The Roth Firm

The Roth Firm

Many people who are involved in an accident during inclement weather may believe that the accident was unavoidable for various reasons. One of the biggest reasons is because of the weather, driving conditions were dangerous and an accident occurred because of it. 

When these types of accidents occur, often times both the driver who caused the accident and the person who was hit may wonder, who is responsible for the crash? 

Liability in a Weather-Related Motor Vehicle Crash 

When it comes to a weather-related car accident, just like any other time on the roadway, drivers are expected to act responsibly. During inclement weather, a driver is expected to take extra precautions in order to avoid an accident.

Depending on the circumstances, driving responsibly may mean driving UNDER the speed limit, taking turns slowly, using your hazard lights, pulling over if visibility is impaired, etc. 

When determining fault in a weather-related car accident, road conditions may be taken into consideration, along with both drivers actions.

However, generally speaking, when one driver loses control of their vehicle, such as hydroplaning and they hit another vehicle, the driver who hydroplaned will almost always be found liable for the accident. 

In some situations, there may be a case where both drivers lose control of their vehicles and they hit each other, the responding police officer may decide that each driver needs to take responsibility for themselves, and not hold only one person at fault. 

Since drivers are expected to act responsibly, even during the most severe weather conditions, when one driver loses control of their vehicle and causes an accident to occur, they will be found liable for any injuries or damages that were caused. 

What to do if you were in a Weather-Related Car Accident?

If you were involved in a car accident during severe weather conditions, and you were not the one who lost control and caused the accident to happen, you should consider contacting an experienced Personal Injury Attorney for legal advice.

Car Accidents can cause a lot of unwanted stress both physically and financially, especially because you never know when a car accident is going to happen. 

Trying to protect your legal rights on your own can be very difficult, especially if you are not well versed in the rules and regulations of the legal system. Even cases that seem cut and dry can be difficult to win. You have to remember the other party's insurance company is going to try and place fault on you, even if it's just a little bit to try and make your settlement smaller. 

When it comes to weather-related accidents, the at-fault driver's insurance company may try to place some blame onto you, especially if the road conditions were bad. They may say are just as much to blame as their client, and decide that they will not offer you anything.

When you're alone, it can be very hard to negotiate and they will try to use whatever you say against you. If you admit that the roads were dangerous and slick, that may be enough for them to deny your claim to compensation. 

With the help of an experienced Car Accident Attorney, you have a much better chance at receiving the full amount of compensation that you're owed. Your attorney will handle all negotiations with the insurance company, they will not let them take advantage of you during this difficult time. 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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