Bad Weather Can Influence Liability in an Accident


Roadways in Tampa become very slick during the seasons of tropical storm rains due to the constant oil leaks from vehicles. You may not notice this when it’s dry. However, heavy rainfall creates hazardous road conditions. Rainy weather and wet road conditions make driving extremely risky.

Many times weather conditions play an important role in car accidents. The weather factor can affect your personal injury claim. Your priority in a car accident should be to obtain medical assistance. Right after that, you should reach a knowledgeable attorney trained in dealing with vehicle accident claims.

If you or someone you love were involved in a traffic accident that occurred during bad weather conditions, you should consult a Tampa car accident attorney to help you deal with your personal injury claim in the best possible way.

Weather Affects Road Safety

Inclement weather conditions play a crucial role in car collisions. Unfortunately, weather-related accidents may result in serious personal injuries and death. Usually, during rainfall, many accidents happen due to wet pavements or wet roads. Unfortunately, you cannot sue the weather to get compensated for your losses. Therefore, when a car accident is caused by bad weather, you need to find who is responsible for it.

Accident Responsibility and Bad Weather Conditions

Driving through a storm or over ice are lousy driving conditions. However, most weather-related car accidents are caused by rain.

It is more challenging driving while raining than driving on a sunny day. As a driver, you have a duty of care to make sure you can maintain control of your vehicle and avoid an accident. Any reasonable driver should ensure that all required steps are taken to drive safely and prevent any unfortunate incidents. If this duty of care is breached, then the injuries or damages caused by the accident are the results of negligence.

When it comes to the law, people driving in inclement weather conditions cause the accident and not the bad weather. Your insurance company will recover some expenses. However, you have to prove that the other driver was negligent in order to get fully compensated for your injuries. You have to prove that the other party failed to exercise reasonable care while driving.

At fault, drivers will be held liable for the accident, and as a consequence, responsible for recovering the costs of the victim. Costs may include loss of wages, medical expenses, pain and suffering, and other damages that occurred by the crash.

Nevertheless, when evaluating a driver’s liability and negligence, the weather is only one of the factors taken into consideration. Other factors that may be responsible for an accident are some of the following:

  • Driving the speed of both parties involved in the crash
  • Visibility
  • Third parties’ actions that may result in the collision
  • Whether the drivers were distracted, impaired, or tired

Reasonable Behavior Differs During Bad Weather Conditions

It is reasonable to drive the speed limit on a sunny day. However, it might not be considered to be reasonable to go the speed limit through a storm.

Likewise, it is reasonable to drive with your headlights off during a typical day. But, it is unreasonable to drive with your headlights off during a foggy day.

Furthermore, reasonable behavior includes the driver’s actions before getting in their car. Depending on the weather conditions, a driver should do the following things to ensure safety while on the road:

  • Replace their car tires with snow tires
  • Replace damaged windshield wipers
  • Remove ice from the windshield
  • Check tires’ inflation
  • Clean the headlight covers

How to Prove Conditions Affected a Car Accident Afterward

If you were involved in a car collision with another vehicle during a downpour and the other driver was going at average speed, you will have to prove the conditions to your insurance company. The ways to prove the conditions at the time of the incident are:

  • Getting the police report
  • Getting the weather reports
  • Gathering witness statements

Contact a Personal Injury Attorney in Tampa

If you or a family member suffer injuries from a car accident that happened during bad weather conditions, you should contact a personal injury lawyer soon. A legal professional can assist you in handling your vehicle accident claims and explain to you your rights.

Call us today at Winters and Yonker law firm for your free consultation. Our experienced and skilled auto accident lawyers will ensure that you get fully compensated for your injuries, damages, and losses.

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