Car Accident Due to Bad Weather Conditions - Who's at Fault?
Adverse weather often results in unsafe driving conditions, posing a serious risk of causing accidents.
11:53 22 January 2020
And, when the weather gods go berserk, it’s quite normal for even the most capable and cautious drivers to get caught off guard and lose control of their vehicles.
After an accident has occurred, the natural feeling is to blame the weather and decide that it was the rough conditions that led to the accident. But the accident has happened and someone needs to take responsibility.
Who’s at fault?
So who’s at fault here? Will faulting the rough weather hold up in trial? Let’s find out.
Except in special circumstances, during which the weather is really rough, the person driving the vehicle is considered at fault and most likely to be held liable.
Each accident is unique in its own way, but when the weather is inclement, it is, more often than not, the driver that’s responsible for causing it. Sure, the hazardous conditions are what caused the accident, but having said that it is ultimately the driver's responsibility to maintain control of his or her vehicle and operate it in a safe manner, regardless of the conditions.
In addition, there are several factors at play that help determine liability. For instance, one of the decisive factors in finding out liability is to see if the driver operating the vehicle was negligent when the accident happened. In this instance, being negligent means a driver not exercising proper caution when navigating through treacherous weather conditions.
Scope of Negligence
According to Brian D. Guralnick Injury Lawyers, the scope of negligence is wide, varying from how the driver is operating the vehicle to whether their car is really equipped and ready enough to deal with poor road conditions. Some instances in which the driver may be deemed negligent are speeding not heeding to the conditions, failure to use headlights despite poor visibility, taking a fast and dangerous turn on slippery terrain, not leaving a safe gap between your vehicle and the one in front etc. Poor brakes, worn out tires with inadequate grip, bad windshield wipers are some of the instances in which the driver is deemed negligent because of poor maintenance of the vehicle.
As you can see, these are good indicators of the fact that there’s more to the accident than just poor weather conditions. To a large extent, it is about the operating condition of the vehicle, the treacherous driving conditions on the roadways and how skilled the driver is. If you’ve been found at fault and are hoping to contest, you better have some strong evidence. Maybe you reckon some other party was responsible, and it could be anybody: a pedestrian, another driver, or the car manufacturer for producing a defective part. Make sure you come up with all the valid points to make a case that will hold up in court.
A weather-related car accident claim can be tricky to handle alone. Make sure you find a resourceful lawyer to consult with and represent your case in the court, should you need any assistance.