Who is At-Fault in a Hydroplane Car Accident?

If you’ve ever lost control of your car in the rain or on wet pavement, then you know how it feels to hydroplane. And according to the Federal Highway Administration, wet pavement caused 78% of weather-related injuries and 15% of injury accidents from 2007 to 2016. Driving in the rain triggered an additional 219,942 crashes during that period, injuring 54,839 people. But determining who’s at fault after a hydroplane car accident isn’t always clear, unfortunately. After all, what if two cars hydroplaning at the same time collide with each other? Are both drivers equally liable (50%)? And what if your accident happens in an at-fault state vs. a no-fault state? Or you’re driving on a wet road and slide into a safety barrier, leading to a single-car accident injury?

Learn different variables insurance adjusters consider in assigning liability, crash prevention tips, and when to contact a lawyer below.

Hydroplaning Car Accident Guide: Key Takeaways

• Whether you may receive compensation for a hydroplaning car accident depends on the laws and insurance requirements in your state.
• If you’re in a single car accident due to weather, your only option is to file a claim under your own insurance policy.
• Driving at a slower speed, proper tire pressure, and leaving room for other drivers can likely help prevent a hydroplaning car accident.
• Insurance companies investigate for signs of negligence to avoid paying fair settlements to motorists hurt driving in bad weather conditions.
• In most cases, you will receive a larger cash payout if an auto accident attorney handles your claim. Only 3% of car accident claims with attorneys go to court; the other 97% settle before trial, according to the Bureau of Justice Statistics.
• Avoid making common mistakes after your accident that could reduce your pay amount or destroy your chances at a settlement.

What can Cause a Hydroplane Car Accident?

Just a thin film of water on any road surface can make it extra slippery, especially right after a heavy rainfall. This can then cause your vehicle’s tires to lift up above the pavement and lose contact with the road surface. Once your car loses traction and starts to glide across water, this is called hydroplaning.

In many cases, hydroplaning may not affect all four of your tires at once. Your chance to regain control of your vehicle and stop skidding in time can change in an instant, depending on your reaction.

Here are three main factors that can lead to a hydroplaning car accident:

1. Wet, slick road conditions. Roads are most dangerous the first 10 minutes after rainfall begins, but deep puddles are also hazardous. Puddles of standing water at different depths along the road surface pose the biggest threat to both drivers and passengers. Anything deeper than 1/10th of an inch is enough to cause a hydroplaning collision, according to Bridgestone Tire.
2. Worn tires or low tire pressure. You’re far more likely to start hydroplaning in wet conditions if your tires have worn-out tread. Underinflated tires also struggle to grip the road when it’s wet, so always check for proper tire pressure before you head out.
3. Vehicle speed. The faster you travel on wet pavement, the more likely you are to hydroplane and lose control of your car. Cars traveling 45 to 59 miles per hour are most likely to hydroplane, but you can start skidding at 35mph, too.

Hydroplaning Accident Statistics You Should Know

According to a 2022 study, about 3,393 people die in each year in a hydroplane car accident, on average. The Fatality Analysis Reporting System (FARS) lists 128,917 fatalities from hydroplaning accidents in the United States between 1980-2017.

You’re 10% more likely to wreck while driving in rain, and the risk for injuries goes up 8%, according to a 2017 study. And the more it rains, the more risky it gets. You’re 51% more likely to crash on days that experience at least two inches of rainfall. That amount of rain increases your chances of suffering an auto accident injury by 38%.

And another 2020 study shows 46.4% of hydroplaning crashes involve multiple vehicles, while 53.4% are single-car accidents.

Finally, speeding on wet roads caused 22% of fatal accidents in 2023, according to the National Safety Council. That same year, speeding on roads with moving or standing water caused 45% of fatal crashes. The Centers for Disease Control (CDC) lists these average car accident injury costs for each victim in 2024:

• $80,119 in hospital and medical bills
• $23,029 in lost job income
• $171,869 in lost quality of life costs

Altogether, that’s $275,017 in total average costs for each person injured in a car accident that year.

Who is Liable in a Hydroplane Car Accident?

Unfortunately, you may beliable for your hydroplaning accident. Why? If you didn’t take every possible precaution, insurers will count that as negligence on your part:

• Were you going at least 10-15mph below the speed limit? If you were speeding or going the posted speed limit, then you may be liable.
• Did you have enough tread on your tires and were they inflated to the proper pressure level? If not, then you may be liable.
• Were you traveling too close to other vehicles on the road (tailgating) or brake-checking someone behind you? If yes, then you may be at fault.
• Changing lanes suddenly without signaling first or making a sharp turn? If yes, then the insurer may find you at fault.

Here are some times when you are likely not at fault for causing your hydroplaning accident:

• Defective or broken traffic signals/a downed traffic sign played a role. In cases like this, a local municipality or private road owner may be liable for your accident.
• Your car has a defect or was subject to a recall by the vehicle’s manufacturer at the time of your accident. This can include things like faulty brakes, defective tires/pressure gauge monitors, seat belt failures, etc.
• Your accident resulted from poor road design, maintenance, or unexpected debris. If you come around a curve to find a tree in the road, for example, then it may not be your fault.
• The type of car accident or injuries you sustained indicate it wasn’t your fault. For example: Did another driver rear-end you at high speed while at a full stop at a four-way intersection? Or did another vehicle sideswipe you while you were legally parked on the street in front of your house?

If another vehicle hits you, always contact an attorney.

What if You’re in a Single Car Accident While Hydroplaning?

You’ll have to file a claim on your own insurance policy in situations like these. And in some states, you would still have to take that step not matter what kind of accident you’re in. However, there are a few chances for you to sue another entity who may be liable for your accident:

• If a city, county or state government is liable, you can potentially sue if you file within 6 months. This is in cases where, say, a washed-out bridge with no sign up caused your accident. Or you hit a traffic sign that was not visible in heavy rain due to a power outage.
• If a defective car part caused your accident, then you may need to file a product liability lawsuit. You’ll need to sue the manufacturer, for example, if your brakes suddenly fail in the rain, causing you to spin out. Or maybe you were a passenger in a self-driving car or taxi that lost control on wet pavement. In cases like these, you’ll want to contact a personal injury attorney.

In most other cases, you must rely on your own insurance policy and coverage limits to cover any damages. If you don’t have underinsured/uninsured motorist, comprehensive or collision coverage, you may have to pay your accident costs out of your own pocket.

How to Prove Liability for an Accident Caused by Hydroplaning

If you have an attorney handling your claim, he or she will look for ways to assign liability if another driver was negligent. Negligence can be proven on a driver’s behalf if they were:

• Drinking while driving or under the influence.
• Texting, talking on the phone, or otherwise driving distracted.
• Illegally passing, failing to use turn signals, or speeding when they struck your vehicle.
• Failed to stop at a sign or traffic light as required.

Evidence that can help prove liability in your hydroplane car accident in a court of law may include:

• Video from a nearby surveillance, traffic, or dash camera
• Witness statements from people who saw the accident happen
• Official police reports
• Photos taken at the scene
• Vehicle, weather, road, and tire conditions on the date and time of your crash
• Expert testimony

Tips to Prevent Hydroplaning Crashes

1. Check weather conditions before you get behind the wheel. If a storm is near, consider waiting until it passes to get on the highway. Avoid driving whenever possible if there’s a flash flood warning in your area.
2. Turn on your headlights. Even during the day, it’s important to see any pools of water on the road so you can avoid them. Driving as close as you can to the center lane makes you less likely to hit large puddles in roads with poor drainage. That extra visibility can also help you steer around unexpected road debris after a thunderstorm.
3. Inspect your tire tread depth and air pressure. Underinflated tires are a major cause of hydroplaning accidents, as are low tread. Having your tires balanced and rotated regularly can help keep them in good condition.
4. Drive slowly and maintain a safe distance from other vehicles, especially in heavy rain. Driving less than 35 mph is safest right after it starts raining or during a downpour. No matter what the posted speed limit is, shaving 5-10 mph off that number can help prevent hydroplaning.
5. Skip the cruise control, keep your steering wheel steady, and avoid making any sharp turns or slamming on your brakes. You want to have as much manual control over your vehicle as possible when driving on slick roads. Anti-lock brakes can handle wet roads better; tap them lightly to regain traction. Slamming on your brakes, sudden turns, or moving the steering wheel back and forth too much can be dangerous.
6. If you start to slide, don’t panic. Take your foot off the gas, slow down gradually, and grip the steering wheel tightly until your car stops. This can help you avoid hydroplaning into another vehicle, parked car, tree, or wild animal.

Types of Damages You May Receive From a Hydroplane Car Accident Claim

Most people with approved claims receive a settlement for economic damages related to their auto accidents. Below are some things that fall under the economic damage umbrella:

Medical Expenses

This section covers any medical care required to treat your hydroplaning accident injuries, such as:

• The cost of your ambulance ride and any hospital stays, if applicable
• Bills for medical procedures (i.e., surgery, tests, scans, x-rays, etc.) and prescription medications
• Doctor’s visits
• Physical therapy
• Mobility aids or other required medical devices (i.e., a cane, crutches, eyepatch, mobility scooter, walker, wheelchair, handicapped parking placard, etc.)
• Long-term nursing care (i.e., home health aides or brief stays in a nursing home while you recover)
• Transportation costs (i.e., mileage reimbursement, hotel room stays, etc.)

Lost Wages

If you must take time off work to recover from your car accident injuries, you can request compensation for things like:

• Lost wages (i.e., unpaid time taken off to receive treatment during normal working hours or any shifts you missed while hospitalized)
• Future lost income if a permanent injury reduces your future earnings potential or prevents you from working again
• Benefits not covered under your health insurance policy (i.e., copays, deductibles, out-of-pocket medication costs)

Vehicle Repairs and Other Property Damage Costs

This includes things like:

• Rental car, Uber, Lyft, or public transportation costs that your own insurance policy won’t cover
• The cost to fix or replace your vehicle (if the insurance company declares it a total loss)
• Any other property damage losses related to your hydroplaning car accident (i.e., the clothes they cut off you in the emergency room, replacing a destroyed laptop in your trunk, etc.)

How to Get a Free Consultation from an Auto Accident Attorney Near You

A hydroplane car accident claim may take you by surprise, but a good personal injury attorney can help steer you to safety.

Through LegalASAP’s national attorney network, you may qualify for a free, no-obligation case evaluation. Don’t wait to contact an attorney; sign up for a free consultation while your memories and evidence are still fresh.

Complete a short consultation form here to see if your claim qualifies for a cash settlement. If you have questions or concerns, call our toll free hotline anytime at 888-927-3080.