The Role Of Weather On Accidents

Inclement weather plays a significant role in multiple types of accidents, from workplaces to roadways and freeways. However, drivers, pedestrians, and bicycle riders are most likely to be in an accident when inclement weather strikes.

Beyond weather-related driving risks, inclement weather or weather-related road conditions can also play a significant role in determining liability or comparative negligence, both legally and if either party pursues a car accident lawsuit.

Weather Impacts Accident Risk & An Individual’s Liability Potential

First and foremost,  inclement weather increases the risk of getting in an accident because it affects road conditions, visibility, and the way our cars behave in response to driving prompts. It is also more likely to cause personal injury lawsuits - including wrongful death cases. 

In fact, weather plays such a substantial role that statistics show that weather-related car accidents are more deadly than hurricanes, tornadoes, and floods. 

The  most dangerous driving conditions are:

• Wet roads
• Rain
• Icy roads
• Fog
• Sudden visibility reductions such as those related to a fog bank or increases in snow, rain, hail, or sleet fall.

Whenever drivers can avoid driving in inclement weather, that is the preferred solution. If the roads are clear and driving is necessary, always leave ample extra time for the drive and exercise driving caution in proportion to the risk. 

If you were the parent or guardian of a teen driver or a new young adult driver,  it is best that you drive them to and from work or school; inexperienced drivers have a heightened risk of causing or being involved in weather-related car accidents.

The Role Of Weather In A Personal Injury Lawsuit 

While weather may have been involved in setting up the potential for an accident, it will never be determined as the at-fault party in a lawsuit - except in the very rare occurrences when the courts determine the accident to be “an act of God.”

Inclement weather or not, attorneys, insurance, or the courts ultimately determine liability or fault based on the humans or businesses/municipalities involved.

Determining Fault In A Weather-Related Accident Is Complicated

Unless the case is straightforward,  like a rear-ending accident or a pedestrian hit on a road visibly marked “Closed” by local authorities, we’ll evaluate something called comparative negligence and assign a certain percentage of fault to each individual or entity involved.

Here are factors we evaluate (in addition to weather and roadway conditions) when determining liability and weather-related accidents:

Drivers and they're driving behavior

First, we are going to take into consideration the actions of the drivers. Were they driving at safe speeds for the situation, considering that the speed limit only holds in fair weather and good road conditions? If there's bad weather, drivers should drive slower than the stated speeds. 

We will also determine whether they left enough room between themselves and the vehicles in front of them or whether or not other irresponsible or erratic driving behaviors may have contributed to the accident.

Police reports

 Police reports are technically considered third-party information because, unless the officer witnessed the event,  their report is still filtered through the eyes of those who contributed to it, such as the parties directly involved in the accident or eyewitnesses.  

However, their reports are still seriously considered and often provide valuable input about the road conditions, any issues with signage or signals, or evidence of erratic or irresponsible driving/behavior they witnessed if they were at or near the scene when the event occurred.

Eyewitness accounts

If eyewitnesses were willing to submit their testimony to the police or in a deposition, this information may also help. Sometimes, bystanders witness negligent behavior, like speeding, unsafe passing, or something similar that the accident victim did not see or notice. 

We’ll assess their input, which can assist in determining what happened at the time of the accident or the factors that may have contributed to it.

The road conditions

Californians notoriously pay some of the highest DMV and local taxes of any state in the United States. This money is supposed to contribute to maintaining safe road conditions. A municipality may be considered partially or fully liable if poorly maintained roads contributed to the accident.

Traffic signs and signals

Municipalities or other entities may also be held partially or fully responsible if there are any malfunctions or visibility issues with the signs and signals at or near the accident site. 

The role of weather and expert analysis or witnesses

There are times when attorneys, insurance companies, or the courts require expert analysis or witnesses to evaluate the scenario and help to determine which factors or parties were most at fault for what occurred. This can even include things like accident recreations. 

However, this is rare. Typically, we see expert analysis and witness testimonies used in cases where attorneys, a judge, or a jury must determine general damages.

Fault Matters In Personal Injury And Accident Lawsuits

In a typical car accident situation, where no serious injuries occur, a personal injury lawsuit is rarely necessary. In these run-of-the-mill accident claims, insurance agents work between themselves to establish fault or shared negligence, and compensation (if any) happens without legal proceedings.

Fault begins to matter more when an individual files a personal injury claim. Now, establishing fault becomes essential because the total amount paid out to a plaintiff is directly proportional to the amount of fault or liability assigned to the defendant. 

So, for example, if the fault due to negligence is 50/50 but the plaintiff suffered injuries or has experienced other damages included in a personal injury case, such as pain and suffering, lost wages, etc., then the total amount of the damages would be reduced by 50%. Similarly, if the plaintiff is believed to bear 20% of the fault and the defendant 80%, the plaintiff will receive 80% of the total damages. 

Schedule A Consultation With Burneikis Law Firm After A Weather-Related Accident

If you are involved in a weather-related car accident, we recommend contacting a personal injury attorney as soon as possible. These cases are very complicated, and your well-meaning words can be held against you, even by your insurance adjuster, which can significantly impact the outcome of your case.

Burneikis Law is your greatest ally as you navigate post-accident paperwork, insurance claims, and any related medical follow-ups. We always have your best interest at heart. Contact us to schedule a free-, no-obligation case evaluation to learn more about your options.