Who Is Liable When Bad Weather Causes An Accident?

The number one rule for driving in bad weather is to slow down, but even when precautions are taken, crashes still happen. Whether you were involved in a single-car accident due to weather or a multi-car crash, weather-related accidents can cause confusion about legal responsibility for those seeking damages.  

Even in a no-fault state like New York, determining the cause of the crash and any negligence can still be critical. Liability for these crashes may fall on:

• Driver Behavior: Reckless driving and failing to take appropriate safety precautions for weather conditions can lead to a car accident. 

• Road Conditions: Even when drivers are cautious, poor road conditions and road maintenance can cause a driver to lose control and crash.

• Vehicle Maintenance: In inclement weather and on slippery roads, a poorly maintained vehicle may be more prone to crashes. Bald tires, bad brakes, and other faulty systems can be extremely dangerous.

• Other Drivers: Sometimes, the poor decisions of other drivers can cause bad weather accidents. Erratic and negligent driving behavior in these conditions can cause collisions.

Proceeding with insurance claims after a bad auto accident is crucial. When a crash is caused due to weather conditions, seeking legal guidance from a New York City car accident lawyer can be beneficial to recovering just compensation.

Common Types of Weather-Related Accidents

Poor road conditions, low visibility, and other weather conditions are just some common causes of car accidents. Examples of types of weather conditions that can cause car accidents include:

• Snow
• Sleet
• High Winds
• Sun Glare
• Fog
• Heavy Rain
• Icy Roads

These hazards can become even more dangerous when roads are not properly maintained or treated. Bad weather and poor maintenance can be a dangerous combination for road users.

Even if poor weather conditions are a factor, drivers may still be liable in a car accident. Driver negligence such as driving too fast for conditions or unsafe tires may increase the chances of a crash occurring. Drivers are responsible for safely operating their vehicle and keeping their cars road-worthy.

How Do the Courts and Insurance Company Determine Who’s At-Fault in a Bad Weather Accident?

While drivers typically make claims with their own insurance company in a no-fault state like New York, you can sue if your injuries meet the criteria for a “serious” injury. When you make claims with insurance companies and when car accident cases go to court, understanding how the decision makers will determine liability becomes critical. 

A fault determination is made by determining whether a driver breached their duty of care by acting negligently and causing a crash. A thorough accident investigation including looking at police reports, reviewing the scene, daily weather reports, and collecting eyewitness accounts can be essential to this determination. 

It’s important to also note that New York is a pure comparative negligence state. This means that even if you are 99% to blame for the crash, you can still recover 1% of the damages you are owed. This means you are not barred from suing for personal injury unless you are 100% liable.

How to Avoid Accidents Caused by Bad Weather

Driver caution is critical when hazardous conditions are present. Maintaining vehicle control is essential to accident prevention. 

Some steps to take to avoid car accidents caused by weather conditions include:

1. Slowing down.
2. Maintaining a safe following distance.
3. Planning for increased stopping distance.
4. Keeping headlights on to maintain visibility.
5. Following all traffic laws and avoiding sudden steering or braking.
6. Checking weather warnings before traveling.

If you are involved in a bad weather accident, it is vital to take quick action to secure your rights and timely file a car accident claim. Seeking legal guidance can be crucial to ensuring your right to compensation.

How Can Gregory Spektor & Associates Help You?

If you crashed because of weather, taking prompt action is critical to your insurance claim. At Gregory Spektor & Associates, P.C., our experienced personal injury lawyer can secure your legal rights.

Our attorney can assist you with investigation, gathering evidence, filing your claim, and negotiating with the insurance company. With bad weather collisions, determining the cause can be complicated, but an experienced lawyer can help. Contact us today for a free consultation.