Liability in Weather-Related Car Accidents

There are a lot of factors that can cause a car accident. It could be because a driver was texting. It could because a driver was drunk. It could even be because the driver was thinking so hard and got caught up in their own thoughts. However, on occasion, it could be because the driver couldn’t see because it was literally raining sideways or some other weather-related incident was taking place. When the weather causes a car accident, it can be a difficult situation when it comes to placing the blame so that those involved can get compensation.

Is It Your Fault When You Drive in Bad Weather?

The unfortunate reality is that when you go out on the road, you are expected to take “reasonable care” of your own safety. This means if road conditions were too unsafe to drive, they can place fault of an accident with you because you made the conscious choice to drive on them. You should have known that it was too unsafe to drive and should have gotten off the road. This is such an unfair thing to hear, but if your accident was caused by weather, you should get ready to hear it. So if you couldn’t see because it was raining, if you swerved and hit another driver, you would be at fault for that accident without question. It was you that caused it, and not so much the weather.

While that seems rather unfair, you are burdened with the decision to get off the road or continue driving. By making the choice to just soldier on, you must deal with the consequences. Furthermore, if the weather was a known event and not unexpected, this further supports the fact that you chose to go and drive in it instead of staying off the road until it stopped.

Shared Fault in Weather Accidents

In weather accidents, often both parties can contribute to the crash. While the driver at fault will still probably be held liable, others can share some fault too. When the weather gets bad, drivers are expected to:

• Drive at a reasonable speed, even if it is below the posted limit
• Follow other vehicles at a safe distance
• Take action to avoid accidents

If a driver was riding your bumper and you had to stop suddenly, your stopping technically causes the accident, but they were also not giving you a fair amount of space. As such, they share the fault for the accident. In fact, in that situation, they may be held fully at fault for it.

When a Driver is Not at Fault in Weather

While rare, there are some situations in which the driver that actually caused the crash is not at fault. Say, for example, that a giant wave came over a coastal road and pushed your car into the other lane. This caused a multi-car wreck. However, this situation would be considered an act of god, something that no one could have anticipated. This frees the driver from liability for causing the crash.

Need Help?

If there is one thing to take away from a weather-related car accident, it is that the person who caused the crash is likely the one to be held liable. Unfortunately, you cannot get compensation from the weather, so holding them to blame does nothing for anybody involved.

If you have been in an auto accident in the Los Angeles area, whether it was weather-related or not, contact us today. We can help you get the compensation that you deserve as well as help to limit your own liability if necessary.