Car accidents due to weather conditions may form the basis for compensation. If you’re in a weather-related accident, it’s important to understand your rights.
Our experienced San Bernardino car accident attorneys at LA Century Law explain what you need to know about accidents due to weather conditions.
Understanding How Weather Conditions Lead to Car Accidents
Weather conditions lead to car accidents because they change:
- What we perceive around us as we drive
- The road surface, making it slick or slippery
- How the vehicle behaves, particularly if it is windy or flooding
- Following distance and speed
Common Types of Weather-Related Car Accidents
Loss of control
Weather can affect road conditions. Sudden precipitation, lighting, and wind can make a vehicle behave unexpectedly. The result may be loss of control, which can mean failing to stop, or a vehicle turning and crossing lanes of traffic.
Loss of vision
Weather can make it difficult for a person to see. When a person can’t perceive their environment, they can’t make correct choices about how fast to drive, the following distance, and how to maneuver their vehicle. The result may be a car accident.
Rear ended
Rain, flying debris, and dirt on the road can make it difficult for a driver to stop their vehicle. The driver may leave a stopping distance based on clear traffic conditions. However, the stopping distance may not be appropriate for the unusual weather.
Disobeying a traffic control device
Poor weather conditions may make it harder to stop at a stop sign or traffic light. The driver may not be able to see if a light is red or green or see oncoming traffic. When traffic control devices aren’t followed because of poor weather conditions, the result may be a collision.
Single-vehicle accidents
Bad weather can cause a single-vehicle incident. A driver may become stuck in a ditch or may hit a stationary object. The driver may misjudge the scene and make driving errors that result in an accident with no other vehicles involved.
Improper lane change
Fog or glare may prevent a driver from seeing other vehicles on the road. They may think they are clear to change lanes when there is a vehicle in the way.
Unsecured load
Bad weather may cause a load to become insecure. Objects may fall into the road, striking other vehicles or causing a chain reaction and, ultimately, a crash.
Crossing the center lane
When water surges, a driver may lose the ability to control the vehicle and cross into the oncoming lane of traffic. If flooding is responsible for a car accident, one factor to investigate is if road design contributed to the crash. Poor road design, drainage, or maintenance may be the basis for a claim against the entity responsible for the road.
Legal Responsibilities of Drivers in Poor Weather Conditions
California has a basic speed law (California Vehicle Code § 22350). The law says that a person may not drive at a speed greater than is reasonable or prudent with due regard for weather.
That means that even if the speed limit says 55 if the weather is bad, it may be appropriate to drive at a lower speed. It simply depends on the conditions at the time.
Drivers must be able to evaluate the weather and adjust their driving. If roads are wet, it may be appropriate to leave a greater following distance or to slow speed to account for reduced visibility and traffic. It is the legal responsibility of a driver to account for the weather when they drive.
Note: California also has a minimum speed law that prohibits impeding traffic (Cal. Veh. Code § 22400). A driver may not drive so slowly that they inhibit traffic flow. However, they may lower their speed as necessary for safe operation, including because of weather.
Proving Fault in Accidents Caused by Adverse Weather
- Driving too fast in weather conditions can amount to negligence and liability for personal injury [Hardin v. San Jose City Lines, Inc., 41 Cal.2d 432 (1953)].
- The jury decides whether someone drove too fast for the weather (Leighton v. Dodge, 236 Cal. App.2d 54 (1965)).
- Following the posted speed limit doesn’t necessarily mean that a person wasn’t going too fast. The driver must observe weather conditions and choose the appropriate speed [Maxwell v. Colburn, 105 Cal. App.3d 180 (1980)].
Proving fault in a car accident caused by adverse weather conditions requires showing what the weather conditions were and how they affected appropriate driving behaviors. A plaintiff seeking compensation must prove all elements of the claim, including causation and damages. Failing to drive appropriately for weather conditions may be one occurrence of negligence, but there may be other negligence that impacts the case.
Potential Claims Against Government Entities
In certain weather-related accidents, the party harmed can seek damages against a government entity such as the city where the incident occurred which controlled the roadway. However, these claims are subject to very strict rules and require an immense amount of investigation. For example, if a roadway was constantly flooded and the City knew of the issue – one can potentially file suit against the City.
Claims against government entities must be opened within 6 months of the date of the accident.
Failure to provide notice to the government entity by that time can result in a forfeiture of your claim. This is because it could be barred by the statute of limitations. The statute of limitations in simple terms is a deadline to file a lawsuit or make a claim for damages. Once the deadline is missed, there are limited circumstances in which the claim can be pursued.
If you have been involved in a weather-related crash, do not wait to call an attorney at LA Century Law.
Documenting Weather Conditions as Evidence in Your Claim
To document weather conditions as evidence in a claim, take the following steps:
- Take photos of the accident scene. Even if they can’t capture wind speed or temperature, they can capture cloud cover, precipitation on the roads, and debris.
- Get the police report. It should indicate weather conditions at the time of the collision.
- Gather current weather conditions. Go to any website that reports weather conditions for the day and general location of the crash. Take a screenshot of what you see. (You won’t admit this in court, but it can be a starting point.)
- Record your notes. Make your notes of weather conditions that you believe may have impacted the events.
- Prepare to admit weather evidence. Some procedures must be followed to admit certain evidence in court. You may call an expert witness to explain the weather conditions and how they impacted the crash. You must address the admissibility requirements for the way that you intend to present the evidence, whether it is by testimony, records of regularly conducted activity, or by stipulation.
Contact an Experienced San Bernardino Car Accident Lawyer
Have you been in an accident where weather conditions may have been a factor? Contact LA Century Law. We handle car accident claims including accidents due to poor weather conditions.
Call or message us now to discuss your case.