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When you hit the road, safety should be your number one priority. This mindset comes to the forefront when weather conditions turn severe. If you’ve ever driven on a wet or frozen road, you don’t need this article to tell you that road and driver dynamics change drastically.
But does the weather have the same effect on liability? If a driver loses control due to the weather and hits your car, are they still liable? What if it happens to you? As with most legal questions, the answer can depend on the circumstances.
Being aware of liability implications can protect you when accidents occur. Determining fault becomes intricate under inclement weather. This guide aims to cover all the bases regarding liability and any extreme weather conditions you might encounter while on the road.
Understanding Car Accident Liability
Car accident liability is all about determining who’s at fault for the collision. Most cases hinge on factors such as the following to assign liability:
- Negligence
- Traffic violations
- Road conditions
Consulting a car accident lawyer is invaluable for beginner drivers or those unfamiliar with legal intricacies. They can dissect your situation more quickly and accurately and provide guidance tailored to the details.
In severe weather, these factors can become as blurry as your windshield, complicating liability assessment.
Weather Conditions and Their Impact on Driving
Weather conditions often complicate road safety and, therefore, accident liability. The National Highway Traffic Safety Administration (NHTSA) even has a guide to follow in case of severe weather. Most states will also have resources related to what you’re likely to encounter there geographically.
Laws may reduce speed limits during heavy rain or snow. Some states also obligate the use of headlights for fog in low visibility and increase the minimum safe following distance. Keep informed about your local and federal laws to remain ready for anything.
Understanding the “Duty of Care” concept
There’s a legal concept called “Duty of Care,” which states that drivers have a legal responsibility to act cautiously—adjusting their behavior based on prevailing conditions. This principle can form the basis of how legal liability gets applied. Failing to follow this concept can have severe ramifications, both in real life and legal ones.
Weather-Related Accidents and Scenarios
Here are some of the weather-related scenarios you might encounter and how to react to them to minimize the chances of collision and legal liability.
Heavy rain/storm
In heavy rain or storms, visibility diminishes, and stopping distances increase substantially. Hydroplaning becomes a significant risk, where tires lose contact with the road due to water building.
To mitigate these dangers, reduce speed, increase following distance, and avoid sudden maneuvers. Neglecting to adjust driving behavior before a crash can lead to legal repercussions.
Fog
Like in rains and storms, visibility gets reduced significantly. There’s also the concern of fog glare—wherein light from your beams can reflect off the fog and worsen visibility further.
When driving in fog, it’s essential to reduce speed and use only low-beam headlights or fog lamps to inform other drivers of your presence and improve visibility. Accidents in foggy conditions often get attributed to driver negligence, so it’s still best to pull over in a safe location to wait for visibility to improve.
Winter weather
Winter weather brings its own set of hazards, like black ice and snow-covered roads. Black ice is a thin, nearly invisible layer of ice that forms on road surfaces. Snow-covered roads are already more difficult to drive on without this added concern.
These conditions can lead to pileups where cars going too fast lose control due to the same patch of snow or black ice.
Proper winter tires are often required in snow-heavy states to help with the reduced traction from the snow or ice. It’s also wise to avoid steep uphill areas after much snowfall. Even if your vehicle can handle the incline, the vehicle in front of you might not. Failing to equip vehicles adequately for winter driving can lead to legal repercussions.
Landslides and other hazards
Inclement weather can also affect road conditions indirectly. Landslides, floods, and other hazards present additional challenges. Identify high-risk areas, such as beside hills or in lowland areas, and pay extra attention when driving through them under adverse weather conditions.
Ignoring warning signs or disregarding evacuation orders is a surefire way to gain legal culpability in the event of an incident.
Road Safety Whatever the Weather
Mastering road safety in severe weather conditions requires a comprehensive understanding of their unique challenges. Even with years of experience, the best course of action is often to avoid the situation as much as possible.
The bare minimum for both safer drives and lower chances of legal liability is to maintain a heightened sense of caution and uphold the Duty of Care principle in every situation.
By Samantha Amsworth
– is a content marketing consultant who is currently with RMD Law LLP – an Orange County, California-based personal injury law firm that specializes in helping victims who have been injured in accidents.
Member since July, 2024
View all the articles of Samantha Amsworth.
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