Driver Versus Nature: Who’s at Fault After a Car Crash During Bad Weather?

August 29, 2022by LegalASAP

Despite the driver’s best efforts, auto accidents can happen. Auto insurance companies want to find who is at fault for a crash to determine liability. What about car accidents in bad weather? Is the weather or the driver to blame? This post will examine how companies determine fault and how auto accident attorneys can help drivers build a case if they’re innocent.

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Driver’s responsibility during bad weather

Bad weather can bring slippery roads, poor visibility, and hazardous driving conditions. Even though bad weather makes driving difficult, insurance companies will usually blame the driver and not the weather for an accident. This situation may seem unfair. Drivers aren’t responsible for the weather, right?

In most cases, the insurance company will consider the driver of the vehicle at fault and liable for the accident. Any driver behind the wheel takes responsibility for that vehicle. While bad weather may make driving conditions more difficult, drivers still have the responsibility to operate a car safely. 

Driving safely means driving according to the conditions of the road. Drivers can go slower and prepare to stop earlier if road conditions are slippery. They can leave extra space between vehicles to avoid accidents. They can also choose not to drive if conditions aren’t safe.

Determining fault during poor weather conditions

Determining fault can be more complicated when a car accident happens in poor weather conditions. It may feel like bad weather is the cause of the accident. After all, it made the roads slippery and hard to see. Unfortunately, insurance companies rarely see it that way. Auto accident injury lawyers will look at a few factors to determine who is at fault. 

These factors include:

  • If the driver was moving at a safe speed and according to the weather conditions.
  • The driver kept the car at a safe distance behind other vehicles.
  • Driving with knowledge of the weather conditions. 
  • Could the driver have taken action to avoid the accident?

When you can point the finger at nature

There are some circumstances where the weather is at fault for an accident. These circumstances are referred to as an Act of God. These are extraordinary, unexpected weather events that couldn’t be foreseen or avoided. An example could be a lightning bolt out of the blue hitting your car, causing it to crash into other vehicles. In this situation, you can do nothing to avoid the accident. 

How auto accident attorneys can help complex cases

Insurance companies will do their best to blame the driver of the car for the accident. In many circumstances, including bad weather accidents, this may be true. There are, however, circumstances where the driver can’t avoid an accident due to severe, unexpected weather conditions. In these cases, it helps to have an experienced auto accident injury lawyer sort through the details and defend your claim. 

Car accident injury lawyers are experts in gathering evidence for a claim. They understand the type of information that can prove your claim. Auto accident attorneys can also gather expert witnesses and help navigate the claims process. They will often also get a better result when negotiating with the insurance company on your behalf.

If you’re on the lookout for an “auto accident attorney near me,” get in touch with LegalASAP today. We can connect you with our network of experienced car accident injury lawyers who can review your case. They can advise you on the best plan for your claim. Take our free evaluation to see if you may qualify

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