UNITED STATES—The risk of an accident tends to be higher on a rainy, snowy or icy day. This is because the roads have less traction, which means that it takes more time for a vehicle to come to a stop if necessary. If you are involved in an accident caused by poor weather conditions, there are a number of factors that might be used to determine who is liable for any resulting damages.
Did You Reduce Your Speed?
You have a duty of care toward others on the roadway whenever you operate your motor vehicle. Drivers are required to travel at speeds “safe for conditions”. Failing to adjust your speed or other driving habits to account for road conditions may be considered a breach of that duty. In some cases, you may be at fault for driving at or just below the speed limit.
Was Your Car Equipped for the Weather?
A negligent act is one that you took despite the fact that you knew or should have known that it could result in property damage or bodily injury. For instance, if you knew it was going to snow, it could be considered negligent to drive a vehicle that doesn’t have snow tires.
It could also be negligent to drive a vehicle that has bald tires, poor brakes or is otherwise not capable of handling expected road conditions. A potential defense may be that you didn’t know that weather conditions were going to deteriorate while driving.
Other Factors Might Come into Play
Even if poor weather conditions caused a wreck to occur, it might not be the only factor used to determine fault in a wreck. For instance, if either driver involved was impaired when the accident happened, it could negate the fact that you were speeding when the wreck took place.
In other words, authorities may determine that both sides engaged in negligent activities and that all involved bear some liability for what happened. It’s worth noting that your insurance company might disagree, and it’s also possible that a jury might disagree with the assessment made in a police report.
Therefore, it may still be a good idea to consult with an attorney to learn more about your rights and how to preserve them. As California uses a pure comparative negligence system, you may still be entitled to compensation even if the wreck was partially or mostly your fault.
If you are involved in a motor vehicle accident, it’s imperative to gather evidence and seek medical attention quickly. The next step is to seek the guidance of a qualified attorney who can help obtain a favorable outcome in your case. Legal counsel may be able to help gather evidence, work with your insurance company or take other steps to preserve and protect your rights
