Inclement weather is one of several factors that can contribute to driver negligence in causing an accident, along with the speeds of both drivers, road conditions, distractions, visibility, and driver impairment (either intoxication or drowsiness).
For example, if it’s just raining a little, but visibility and road conditions don’t noticeably change, the weather is generally not taken into account. But, if it is raining harder, or there’s ice or snow, and the weather causes reasonable drivers to slow down and drive more cautiously, then weather can be a contributory element to an accident. Since heavy rain or snow also impacts visibility and makes the road surface more hazardous, a driver would be expected to adjust their driving to these adverse conditions. When they don’t and there’s an accident, that driver will likely share at least some of the blame (and financial liability).
Insurance adjusters may say you were at fault and did not modify your driving speed. On the other hand, if there is evidence you did reasonably adjust your driving during bad weather – such as slowing down to well below the speed limit during a heavy snowstorm – but still crashed into a car in front of you, your modified driving may ultimately relieve you of liability.
Other ways a driver can be declared negligent during bad weather include:
Proving negligence in a bad-weather car wreck can be complicated. So when you are involved in one, a seasoned attorney can conduct a thorough accident investigation and gather evidence that proves the other driver was negligent. In order to avoid bad-weather accident liability, follow all the safety suggestions offered below.
Dense fog is one of the most dangerous driving conditions, because it intensely impairs a driver’s vision. The safest way to handle fog is not to drive in it, if possible. But, if you must drive, keep the following in mind:
Do NOT use your high-beam headlights. They reflect light off the fog ahead of you, making it even harder to see. Instead, keep your lights on low-beam or turn on just your fog lamps if you have them.
Focus on the white line on the right side of the road (or your lane). Not only will it guide you, but it will lessen the glare of the oncoming headlights as your eyes are not directed at the center of the road.
Maintain a greater distance between you and the car in front of you. So you can safely stop.
Use turn signals early. Give cars plenty of notice that you’ll be slowing down to make a turn.
If your windshield wipers are old and cracked, they significantly limit wet weather visibility and increase your risk of causing an accident. Replace them annually.
Give yourself plenty of time to stop. It takes longer to stop when driving in wet weather and the roads can be slick. Keep more than one car-length distance between you and the car in front of you. If you don’t slam on the brakes so you won’t go into a skid.
Turn on your headlights. Not only do they help you see, but this also helps other drivers see you.
Drive in the middle lanes. Water is more likely to pool on the outer edges of the road.
Avoid puddles. They can cause your car to hydroplane out of control. Try to drive in the tracks of the car ahead of you.
Accept that it’s probably going to take you twice as long to get where you’re going in such weather and plan for a longer journey. Then, after your car’s warmed-up and you’re ready to go:
Test your brakes. Cars perform differently in the snow. Get to know how yours handles. If you have ABS (automatic braking system) brakes, press down slowly but firmly on the brake pedal and don't let up. What you feel and hear is the system automatically pumping the brake.
Take corners slowly. Give yourself plenty of time to slow down before turning. Use less brake and more of the car’s weight to decelerate. Taking a corner with too much speed (or too much brake) can cause you to go into a “fishtail” skid.
Accelerate gradually. Use a light touch on the accelerator and make sure you’re in a lower gear so your tires won’t spin.
Beware of black ice! A thin layer of transparent ice on a roadway, black ice can cause your car to spin-out, especially if you hit your brakes when you finally see it (usually too late). Watch the road ahead of you as best you can. And if you find yourself on a patch, don’t make any sudden moves or hit the brakes -- just glide straight through the ice and you’ll be ok.
Poor road conditions such as missing guardrails, erosion, pot holes and faulty design can become dangerous culprits which cause serious injuries for unwary drivers. But, whether a person can sue for the resulting damage or injuries is a complicated matter
Roads are maintained by cities, counties and the State of New York. Different maintenance responsibilities for a certain roadway can be shared by more than one governmental agency, as well as any private maintenance or construction companies retained by the city, county or state which are responsible for the condition of the road in question.
Once it is determined who is responsible for the road, the injured plaintiff must prove that the agency was negligent in failing to maintain the road. This means that the agency could (and should) have repaired the road but did not do so in timely fashion, or the agency which built the road did so in a dangerously faulty manner.
If you feel the condition of the road on which your accident occurred might have contributed to the crash, contact a seasoned auto accident attorney and share your concerns.
