In the aftermath of any type of car accident, the “blame game” begins. This is where the involved drivers try to determine who is responsible for what happened. That matters because the at-fault party will be obliged to pay for any damages either through their insurance company or personal finances.
When weather-related road conditions are a contributing factor in the accident, the inclination is to blame the rain, snow, or ice.
Unfortunately, road conditions rarely absolve drivers of liability. In fact, the opposite is true.
When there is bad weather, a driver needs to make appropriate speed adjustments and increase following distance. Failure to do so makes them clearly liable for the damages.
If an at-fault driver tries to “blame the rain,” you need to be proactive with disputing that claim. That is when you need to consult with an experienced Charleston car accident attorney to fortify your rights and seek fair compensation for damages.
Understanding Duty of Care in Adverse Weather Conditions
Any time you get behind the wheel of a car, you owe a duty of care to every other driver.
That duty means to follow the rules of the road established by the Division of Motor Vehicles. Basically, it means don’t be a reckless driver. When there are adverse weather conditions, that duty of care is heightened.
This is what every driver is obligated to do in bad weather:
Reduced Speed
Drivers should already be operating within the designated speed limits. When there is heavy rain, fog, ice, or high winds, that speed should be reduced because it won’t be obvious how the weather is impacting the road conditions.
Increased Following Distance
Under normal driving conditions, drivers should apply the 3-second rule. That is when you pick a fixed object, wait for a car to pass, and count to three. If you pass the same object within 3 seconds, you’re driving too close.
That braking distance gap should be around 243 feet. In bad weather, you should increase that to 6 seconds, which doubles the braking distance.
Avoid Abrupt Moves
In bad weather, drivers need to make abrupt moves such as sudden braking, swerving, or rapid lane changing. Those actions are bad enough under perfect conditions, but in bad weather, they increase the risk of getting into an accident.
Turn On Headlights
Your headlights must be on during heavy rain, fog, or snow to increase visibility.
Proactive Maintenance
You need to ensure that your tires have adequate tread to prevent hydroplaning in rainy conditions. For the winter, your car should have snow tires. In extreme conditions, you might want to add chains to your tires.
The Myth of the Mother Nature Defense in Car Accidents
Insurance companies will deploy any tactic they can to reduce the amount of a claim payout. When one of their policyholders is involved in an accident during bad weather, the insurance carrier might try to invoke the “Mother Nature defense.”
The claim is that since it was raining or snowing, the accident was unavoidable, but that’s simply not true.
In bad weather, drivers need to adjust how they drive. Simply put: If you’re driving too fast for bad weather, you are liable for any damages in an accident. The only possible exception would be an “act of God” defense. That’s when something sudden and unpredictable happens, such as a landslide or a tornado.
However, when a foreseeable hazard such as bad weather is present, drivers need to be extra cautious.
Comparative Negligence and Multi-Vehicle Weather Crashes
West Virginia applies a modified comparative negligence system to personal injury claims arising from car accidents. That means the victim of a car crash can still seek damages, provided they are 50% or less at fault. When a percentage of fault is assigned to a driver, their final compensation is reduced accordingly.
This rule most often comes into play during multi-vehicle pile-ups caused by bad weather.
In these types of complex crashes, the blame might be evenly distributed among all the vehicles involved in the pile-up. Investigators will rely on witness statements, police reports, and available surveillance footage to determine the sequence of events leading to the pile-up.
Protecting Your Rights After a Weather-Related Crash in West Virginia
If another driver collides with your car during a storm, you don’t have to accept the excuse that the weather caused the accident. It might have been a contributing factor, but that doesn’t mean the driver wasn’t responsible for what happened, especially if it can be proven that they were speeding or driving recklessly. To prove that you need strong evidence and the support of a skilled car accident attorney, as you’ll find at the Forbes Law Offices.
When we agree to work with a client on a personal injury claim, it’s because we believe they have been wronged by a driver’s negligent actions. We’re not going to accept “it was raining” as an excuse. Instead, we’ll apply the same investigative scrutiny to the accident that we would to any collision.
We also won’t let the insurance company off the hook just because of bad weather.
We work hard to help our clients achieve the maximum compensation possible.
The legal team at Forbes Law Offices can help preserve critical evidence and work with accident reconstruction professionals to demonstrate clearly who was at fault in the accident. We will also negotiate aggressively with insurance companies on behalf of our clients.
If you were injured in a crash with another vehicle involving snow, ice, rain, fog, or hydroplaning conditions, contact the firm today for a free consultation. We can discuss all your available legal options and potential compensation.
Bad weather is not an excuse for bad driving.
