Weather-Related Accidents

cartwrightlaw - January 16, 2023 -

When a person reviews the weather history for San Francisco, light rain and fog are two incredibly common conditions that can have an impact on the ability of people to drive safely on local roads. Driving in adverse conditions can often be challenging, and people need to be aware of how liability may apply in cases of car accidents involving bad weather. If you suffer injuries, discuss options with a car accident law firm right away.

The United States Department of Transportation Federal Highway Administration (FHWA) reports that 21 percent of the 5.891 million crashes that occur every year are weather-related, killing 5,000 people and injuring 418,000 more. According to the FHWA, 70 percent of weather-related crashes occur because of wet pavement, 46 percent are the result of rain, 18 percent are caused by snow or sleet, 13 percent relate to icy pavement, 16 percent are attributable to snow or slushy pavement, and 3 percent relate to fog.

Determining Fault for Weather-Related Accidents

When a collision occurs during bad weather, it is not uncommon for both drivers to claim the weather caused the accident. Insurance companies investigating these crashes may take weather into consideration, but the weather itself will not be the actual cause.

In most cases, one driver will have caused an accident by not driving safely for the conditions. Some drivers may have been operating too fast for the conditions, others may not have been using a safe following distance, some may turn too fast, others might fail to utilize their headlights, some could be driving under the influence (DUI) of drugs or alcohol, and some people fail to obey traffic signs or signals.

Drivers could also be negligent in the maintenance of their motor vehicles, which could also cause certain collisions. A driver could still be liable for an accident caused by brake failure, blown tires, or malfunctioning headlights or taillights.

People should be aware that most insurance companies are going to try to draw the conclusions that will be most beneficial to their particular clients, so many accidents occurring in bad weather lead to insurers trying to claim that other drivers were responsible for causing accidents. People will always want to be sure they have legal representation before they attempt to deal with any insurance company following an accident in bad weather.

Compensation for Weather-Related Accidents

People who suffer injuries in accidents involving bad weather understandably have concerns about how easy it will be for them to obtain damages from an at-fault driver in these cases. When one driver is determined to be at fault, then they can become liable for various kinds of compensatory damages.

Compensatory damages may include economic damages and noneconomic damages. Economic damages relate to costs that people can prove while noneconomic damages are far more subjective.

Economic damages could include:

Medical bills
Lost wages
Property damage

Noneconomic damages might include:

Pain and suffering
Loss of consortium
Mental anguish

Personal Injury Lawsuits for Weather-Related Accidents

Most weather-related accident claims are still going to involve people who suffer injuries agreeing to settle cases with the insurance companies representing negligent drivers. Insurers ultimately decide to settle these cases because it can be extremely expensive to take the cases to trial.

In some cases, insurance companies may be unwilling to provide settlement amounts that are significant enough, and a person may have no option other than to file a lawsuit. When a weather-related accident case goes to court, then a victim will have to prove that another driver’s negligence caused their accident and their injuries.

The at-fault driver in a weather-related accident is highly likely to blame the weather for the accident, so a victim will want to have a skilled personal injury lawyer representing them who will know how to effectively prove that it was the driver’s negligence that caused the collision, not the weather. California follows a pure comparative negligence standard, meaning that people can recover damages from a defendant regardless of their own degree of responsibility for an accident, although an award can be reduced by a victim’s share of negligence such that a person who is awarded $100,000 but found to be 60 percent at fault receives only $40,000.

How Rain and Fog Cause Accidents

The FHWA states that visibility distance is reduced by fog and heavy precipitation, with low visibility conditions causing increased speed variance that increases crash risk. More than 38,700 vehicle crashes occur in fog each year, and more than 600 people are killed, and over 16,300 people are injured in such crashes.

Rain can similarly affect driver visibility not just in the effect of actual rainfall on the windshield but also in how it affects the headlights and objects on the road. Poor visibility in the rain means that people suffer from reduced peripheral views.

Rain can affect the amount of light that reflects back to the driver, so certain lines can become more difficult for people to see. Roads and people on roads can become more difficult to see.

Fog can impact the ability of drivers to accurately gauge their own speeds while driving, as people may not realize until it is too late that a car in front of them is actually stopped. Fog can also play games with people’s vision, such that objects further down the road are more out of focus.

Call Us Today to Schedule a Free Consultation with a Bay Area Car Accident Attorney

Did you recently suffer injuries, or was your loved one killed in an automobile accident that occurred during fog, rain, or other bad weather in the Bay Area? You will want to make sure you speak to The Cartwright Law Firm, Inc. about your case and what legal options you might have, as we will have the ability to help guide you through the entire civil claims process.

Our firm understands how complicated many car accidents can be when they occur in unfavorable weather conditions, but we also know how to investigate and get answers so we can confidently present a case in court. Call (415) 851-6486 or contact us online to take advantage of a free consultation with our Bay Area personal injury attorney.