Normally, car accident liability is determined by looking for signs of negligence from the parties involved. But what happens during bad weather? It is impossible to sue a slippery road or fog that made it difficult to see ahead and caused an accident.
So, who’s at-fault for a car accident that occurs during bad weather?
Coming to the right answer for this requires a thorough investigation by an expert who has dealt with such types of cases. Renowned law firms and attorneys such as thenyelawgroup.com are a great place to start when determining fault for such a crash.
Bad weather comes with additional conditions such as reduced car performance, infrastructure damage, and poor vision, which can easily cause an accident. In fact, approximately 21% of annual car accidents occur during bad weather.
When determining liability, the investigators have to look beyond all these factors to identify any form of human negligence.
Can I Be Held Liable?
It’s expected that car drivers who choose to drive during bad weather do so with full knowledge of the risks. They also know that driving during such conditions requires more caution and preparation of the vehicle before setting out.
If the investigations show that you were driving in a manner that’s unsafe for bad weather or failed to perform the necessary car maintenance checks, you might be held liable for the accident.
Liability might be assigned on a 50/50 basis if both drivers partially contributed to the accident. This implies that you get partial compensation or nothing at all if you live in a no-fault state.
The Other Driver Might be Liable Too
Every driver owes a duty of care to drive safely for the sake of other road users.
When another driver causes a weather-related accident, it’s crucial that you hire an attorney to determine if there was any form of human negligence on their side. A slippery road might have caused the car to skid and lose control, but the driver might also have been distracted or driving at higher speeds than allowed during bad weather.
If the investigation shows that the other driver was negligent in some way, they might be held fully or partially liable for your losses. Their insurance company should pay your compensation for both economic and non-economic damages.
Vehicle Manufacturers
A car manufacturer can also be held liable for an accident that occurs during bad weather. Vehicle manufacturers owe their customers a duty of care to produce cars that are safe for use in all types of weather.
If a weather-related accident was fully or partially caused by a defective car part, you can hold the manufacturer liable. For compensation, you have to prove that the defects were already there when your vehicle left the manufacturer’s shop.
Additional parties that might be at-fault in such a case include vehicle distributors, dealerships, the auto shop, or independent car parts manufacturers. Cases that involve such third parties can become complex especially because the manufacturer is always determined to deny liability.
Road Maintenance Authorities
A weather-related crash can also occur due to a road maintenance team’s negligence. When this happens, you have the right to sue all parties involved.
For instance, your car might slide to the other lane due to slippery roads caused by the rains. However, if there’s no protective barrier on the other end and the car rolls into a ditch, then the concerned authorities might have to compensate you for the damages.
The only condition, in this case, is that the authorities have to be aware of the hazard. A branch that just fell due to powerful winds and caused an accident cannot be attributed to negligence, but a pothole that drivers have reported can be the basis for a lawsuit against the road maintenance team.
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