Rain, snow, fog, or ice, in most cases, you have places to be that require you to drive through all Weather Affect conditions. Even in the absence of inclement weather, the bright sun as it rises or sets can create a glare that drastically minimizes your visibility.
Does this mean that if you get into a car accident, you can blame the weather? Unfortunately, insurance companies won’t usually agree that the weather caused your accident. Read on to find out what you should know about the state of the weather and your car accident claim.
Determining Liability in Accidents Where Bad Weather Is a Factor
You might be surprised to learn that even when the Weather Affect is bad, you will likely still be the one at fault in most situations. If the weather conditions deteriorate to the point where it is too hazardous to drive on the roads safely, it is a risk the driver is taking, one that may not be worth the gamble.
Still, unless there is a major Weather Affect event such as a snowstorm, ice storm, or even a hurricane, most people can’t hide indoors. Nothing would ever get done if people stopped going places when it’s raining.
If the conditions deteriorate while you’re on the road, you can always pull over until the worst of it has passed. In the event it isn’t possible to stop, you can slow down and drive under the speed limit. Putting your lights on also helps increase your visibility. Some drivers will turn on their hazard lights as well.
How can you be held liable for weather which is beyond your control?
You Knew the Risks
The insurance company could argue that you kept driving even though you knew the conditions were unsafe. They will likely present Weather Affect advisories or traffic camera footage showing that the weather was too poor to drive through.
They Claim You Were Speeding
Another fact that catches drivers off guard is that even when they are going the speed limit, they could have been deemed as speeding. For example, the road you’re on may have a speed limit of 40 mph. If the rain is heavy, going the speed limit would be considered going too fast for the road conditions.
Taking Turns Too Fast
Ice, snow, and rain can all make the roads much more slippery. If you spun out and crashed while making a turn, they may try to spin one on you by saying that you should have slowed down more before taking that corner.
Following Too Closely
Even in perfect, blue-sky Weather Affect, you should always keep your distance from the car in front of you. When the weather is nasty, insurance agents may try to trip you up and admit that you were too close to the vehicle in front.
Failing to Make Yourself More Visible
Newer vehicles have automatic light features that ensure your headlights are always illuminated. If your vehicle doesn’t have this feature, you’ll need to remember to turn your headlights on when it’s raining, snowing, or foggy to increase your visibility. Drivers who don’t attempt to be more visible in these conditions may wind up with partial blame for a crash.
Lack of Maintenance on the Vehicle
Every driver has a duty to drive safely on the roads and make reasonable decisions when the weather turns ugly. Every driver also must uphold their duty of making sure their vehicle is safe and fit for the road. Make sure you have your vehicle maintained at the proper intervals and check your brakes, tires, and windshield wipers.
Engaging in Risky Behavior
Some people engage in risky behaviors behind the wheel no matter what the weather is like. An intoxicated driver is dangerous, rain or shine. If a drunk driver causes a car crash, it won’t matter how heavy the rain, snow, or fog is. They would still be deemed negligent for their actions and be liable for damages to the victims in the accident.
Can You Fight the Insurance Company When They Blame You Instead of the Weather for Your Car Accident?
It can be frustrating to make a car accident claim after crashing during bad weather and have the insurance company turn around and blame you. You may have painful injuries that have kept you home from work, mental anguish from the life-altering effects of your injuries, and a financial burden that continues to grow larger and larger with every passing day.
Blaming the weather likely won’t get you anywhere, though if you have proper evidence, it may prove that you were behaving safely and prudently. Evidence is also helpful when another driver crashes into you and tries to blame it on the rain.
In any of these scenarios, you need evidence that will support your claim. Texas is an at-fault insurance state, which means that the driver who caused the auto accident is the one held liable for damages. It is also a modified comparative fault state, allowing for shared blame in accidents. If you are found to be 51% or more at fault, you will be barred from recovering compensation, making the need to show evidence imperative.
What evidence should you have? Start with photos and videos from your phone in the moments after the crash. Try to capture everything from every angle, especially when recording a video, which can help truly demonstrate the weather at the time. If anyone stopped to help, ask them for a statement.
You can have them record one on your phone, or you can get their contact information. Keep in mind that memories do fade, so getting eyewitness testimony on the accident scene would be ideal.
Most importantly, victims with personal injuries in Dallas should contact experienced lawyers. They can help you gather all of the evidence including the police reports, your medical records, footage from traffic cameras, and business surveillance video. Additionally, they can hire expert witnesses to reconstruct the accident and analyze the weather, making it more likely you’ll receive a settlement for your claim.
