What Happens if Weather Played a Role in Your Car Accident?

Weather conditions can significantly contribute to car accidents by affecting visibility, road traction, and vehicle control. Drivers should exercise extra caution and adopt preventive measures when driving in poor weather to reduce the risk of accidents.

Types of weather that increase car accident risks

Various weather conditions can impact driving safety and increase the risk of accidents. Here are some ways different weather conditions can lead to car accidents:

• Extreme Heat: Prolonged heat can cause pavement to buckle, creating hazardous conditions. High temperatures can increase the risk of tire blowouts, especially if tires are not properly inflated.
• Fog: Fog dramatically reduces visibility, making it hard to see other vehicles, pedestrians, and road obstructions. Drivers may not see obstacles or other vehicles in time to react appropriately.
• Hail: Hail can damage windshields and obscure Accumulated hail on the road can make surfaces slippery, increasing the difficulty of controlling your vehicle.
• Rain: When roads are wet, tires can lose traction and cause the vehicle to hydroplane (skid uncontrollably). Heavy rain can impair a driver’s visibility, making it difficult to see other vehicles, road signs, and hazards. Wet roads can reduce tire traction, increasing stopping distances and the likelihood of sliding.
• Snow and ice: Snow and ice create slippery surfaces, reducing tire traction and leading to skidding and loss of control. Snowfall can obscure visibility, making it difficult to see other vehicles and road signs. Black ice—thin layers of ice that are nearly invisible—can cause sudden and unexpected loss of traction.
• Wind: High winds can push vehicles, especially high-profile ones like trucks and SUVs, out of their lanes or off the road. Winds can also blow debris, such as branches or trash, onto the road, creating obstacles.

Preventative measures to help avoid accidents when driving in poor weather conditions

• Avoiding sudden movements: Make gradual turns and lane changes to help maintain control of your vehicle in slippery conditions.
• Increasing following distance: Allow more space between your vehicle and the one in front to provide ample time to react if the vehicle ahead stops suddenly.
• Proper vehicle maintenance: Ensure that tires, brakes, and windshield wipers are in good condition and can help handle adverse weather better.
• Slowing down: Reduce your speed to maintain better control of the vehicle and extend your stopping distances in poor weather.
• Using headlights: Turning on your headlights improves visibility for yourself and makes your vehicle more visible to others.

Is bad weather an excuse for the at-fault driver?

Bad weather, such as rain or snow, can be a mitigating factor in determining fault for an accident, but not an excuse. Drivers are expected to exercise additional caution and adjust their driving to the conditions. Failing to do so can result in them being held liable for any accidents that occur, even if the weather was a contributing factor. To use bad weather as a defense, a driver must show that the weather was the primary proximate cause of the accident, and that they took all reasonable measures to drive safely under the conditions.

All drivers have a duty of care to operate their vehicles safely and prudently, considering the current road and weather conditions. This means slowing down, increasing following distance, using headlights, and taking other appropriate precautions. Drivers are expected to make reasonable adjustments in response to bad weather. For example, if it is raining heavily, they should reduce their speed and turn on their headlights. If a driver fails to make these adjustments and causes an accident, they can still be found negligent.

For example: If a driver is traveling at the speed limit during a snowstorm, and despite icy roads and poor visibility, they do not adjust their speed and rear-end another vehicle that had slowed down to navigate the conditions, the driver could still be found negligent for not exercising adequate caution.

In states that follow comparative negligence principles, such as Washington and Oregon, the fault can be apportioned among multiple parties.

• Washington is a pure comparative negligence state. This means that if bad weather contributed to the accident, an injured party can still recover damages, even if they are 99 percent at fault for an accident—the level of damages they are awarded will be reduced by their share of the total fault.
• Oregon is a modified comparative negligence state, meaning a party can only recover damages if they are 50 percent or less at fault for an accident. If they are 51 percent or more at fault, they will not be eligible for damages.

How does bad weather change the legal analysis for negligence?

While bad weather can influence the legal analysis for negligence, it does not fundamentally change the principles of negligence law. Negligence is generally assessed based on whether a person acted with the level of care that a reasonably prudent person would have exercised under similar circumstances. When bad weather is a factor, it is considered as part of the circumstances under which the person was operating.

Even in bad weather, drivers are responsible for maintaining control of their vehicles. If a driver is speeding, not using headlights, or following too closely in poor conditions, they can be held liable for any resulting accidents. Insurance companies will investigate the circumstances of an accident, including weather conditions, to determine fault and coverage. Bad weather might be a contributing factor but is unlikely to eliminate liability entirely.

Bad weather or not, you have the right to expect other drivers will exercise caution,  obey the traffic rules, and adjust their driving to fit the road conditions. When they don’t, and you get hurt, we are here to help. At Philbrook Law Office, PS, our experienced car accident attorneys have represented thousands of accident victims and held liable parties accountable for the damage they caused—our case results prove it. Call one of our offices in Vancouver or Battle Ground, WA or fill out our contact form to schedule a free initial consultation today. We serve clients in greater Portland and throughout Oregon and Washington.