If you’re involved in a wreck when it’s raining, snowing, or hailing, the other driver may claim that the bad weather caused the accident, rather than their own negligence. Mother Nature can’t pay for your damages, so what do you do in this situation? Bad-weather car accidents are quite common in Alabama, as our state sees tropical storms, hurricanes, severe thunderstorms, tornadoes, frequent flooding, and even the occasional winter storm.
Below, a car accident attorney in Mobile, AL, from Jackson & Foster Law explains how severe weather affects auto accident claims.
How Can Bad Weather Contribute to Car Accidents?
Bad weather increases the risks of auto collisions, as road conditions become hazardous and visibility decreases. The Federal Highway Administration reports that 12% of the over 6 million car accidents per year are weather-related.
Rain and mist can make it challenging for drivers to judge stopping distances. When accumulation floods, vehicles often lose traction, causing them to swerve. When combined with an overnight freeze, snow, or hail, road surfaces may become slick, creating extreme hazards for vehicles without winter-rated tires.
Wind can be an unexpected danger, especially for tall vehicles. High winds from tornadoes or hurricanes can inhibit steering abilities, push vehicles out of their lanes, and even flip them over.
How Can Drivers Contribute to Weather-Related Car Accidents?
With all of this being said, drivers are still responsible for mitigating weather hazards when they get behind the wheel. Many bad-weather car accidents do not happen because of the poor conditions but because of the way a driver responded (or failed to respond) to these hazards. Negligence happens during severe weather events when a driver fails to exercise the reasonable caution needed to keep themselves and others safe.
Here are examples of driver negligence during severe weather:
- Speeding: When severe weather hits Mobile, it’s expected that we all slow down to a reasonably safe speed. Going faster than the posted limit or significantly faster than the flow of traffic during bad weather increases the risk of an accident.
- Tailgating: Stopping distances often increase during bad weather, as visibility goes down and roads become slick. If a driver follows too closely to the vehicle in front of them and rear-ends it, they may bear responsibility for the accident, even if the weather was bad.
- Improper headlight or taillight use: Drivers must use their lights correctly during rain, snow, and fog conditions so other cars can see them and respond appropriately. Failing to turn your lights on or off can potentially lead to a collision.
- Using ineffective tires, wipers, or brakes: You need the right car safety know-how to navigate severe weather conditions. In Alabama, this includes safe brakes, tires with good tread, and effective wipers. Attempting to drive in severe weather with worn-out wipers or bald tires could contribute to an accident.
- Reckless driving: Things like texting or driving under the influence are subject to the same legal consequences regardless of weather conditions. While a snowstorm could increase risks of a wreck, drivers owe a duty of care to everyone else on the road to operate their vehicles responsibly. If they fail to do so by driving while tired, distracted, or something similar, they may bear responsibility for the accident.
Does Severe Weather Excuse Driver Liability?
No, severe weather does not immediately excuse drivers from being liable for a car accident. In a bad-weather car accident, insurance companies still typically review who was at fault for the accident.
If one or multiple drivers failed to exercise appropriate caution during these severe conditions, though, they may be held liable for the accident.
In Mobile, this liability determination can significantly affect insurance coverage and personal injury claims. Alabama is a strict contributory negligence state, meaning plaintiffs are barred from compensation if they’re found even 1% at fault for the accident.
In weather-related accidents, insurers or defense teams may attempt to argue that you contributed to the wreck in various ways to minimize their financial liability. If you face claim denials or liability accusations, consulting an attorney can help clarify your options.
How Insurance Companies Review Weather-Related Accidents
The claims process in a bad-weather car accident can be relatively complex. Insurers review all circumstances of the crash to determine whether any parties can be held responsible. Since bad weather cannot pay for your damages, they often look beyond hazardous conditions to see how drivers responded to them.
For example, if one driver rear-ends another vehicle during a storm, they may claim that they lost control because of slippery road conditions. Still, the investigation might examine the speed at which they were driving and their following distance to determine whether they contributed to the accident.
The other driver’s insurer may blame the weather to reduce their policyholder’s liability, or they could attempt to hold you accountable for the accident. In such situations, it may be helpful to consult an attorney.
Documenting Conditions After Your Accident
If you’re involved in a bad-weather car accident, it’s important to document the conditions before leaving the scene. This may help your insurance claim or potential lawsuit later on. Try to take photos of the following if possible:
- Any hazardous road conditions (ice, flooding, potholes, road defects, etc.)
- Active precipitation, poor visibility, or any other type of weather
- Nearby traffic signs or lights (stop signs, speed limits, etc.)
You can also take a screenshot of the weather app on your phone at the time of the accident, noting any particular conditions, such as heavy rain, high winds, flooding alerts, or low visibility warnings.
Do You Need Help With Your Car Accident Claim?
Now that we’ve discussed bad-weather car accidents, learn about the potential benefits of hiring personal injury lawyers. If you need help navigating a claim, call Jackson & Foster Law at (251) 433-6699 to schedule a consultation.
