Rain, fog, ice, and snow all make driving more dangerous by affecting visibility, stopping distance, and the ability to control a vehicle. Each year, countless car accidents happen in bad weather, but figuring out who is at fault isn’t always clear cut. Understanding how weather plays into legal claims is important for anyone hurt in a car accident.
When Weather Can Be a Factor in Determining Liability
In some cases, weather can play a significant role in car accidents, and even liability. Here’s how it may work in you or your Fresno car accident lawyer’s claim:
Driver Negligence and Weather Conditions
According to California law, drivers are expected to adjust their behavior whenever rain, fog, ice, or snow make roads hazardous. This means slowing down, leaving more space between vehicles, and braking sooner than you normally would. If a driver keeps the same speed or ignores warnings, they may still be found negligent even if the weather is bad. Courts and insurance companies will look at whether a reasonable driver would have acted differently given the conditions.
Weather Conditions and Road Maintenance
It’s not just drivers who play a part – agencies and companies responsible for road upkeep can factor in as well. During ice and snow storms, cities or contractors must sometimes salt, plow, or warn of hidden dangers. If a dangerous stretch of road is left untreated when it should have been cleared, or warning signs are missing, those in charge of road safety could share liability for accidents that occur. Understanding how weather affects liability isn’t always straightforward, and having legal support following an accident is essential.
Proving Weather as a Contributing Factor
Demonstrating that weather conditions played a role in a car accident takes attention to detail and the right types of evidence. Here are some ways your Fresno injury lawyer can do this:
Using Police and Accident Reports
The official police report usually notes if it was raining, icy, foggy, or there were other hazardous weather factors at the time of the crash. Officers might also include opinions on how weather contributed to the incident.
Collecting Photographs and Video
Photos or traffic camera video can visually show snow on the ground, water accumulation, poor visibility, or how road conditions changed at the time of the accident. These visual records help prove exactly what conditions looked like.
Gathering Witness Statements
People who saw the accident can describe slippery roads, limited sight, or other ways that weather contributed to the drivers losing control.
Obtaining Weather Reports
Official weather data from local news, weather apps, or government agencies can verify that conditions in the area were poor at the exact time of the accident. Using this evidence allows victims to demonstrate that weather made driving more dangerous or contributed to the cause of the accident, supporting a claim for fair compensation.
Comparative Negligence in California Weather-Related Accidents
In California, fault in car accidents, including those caused by bad weather, can be shared between the people involved. The state uses pure comparative negligence in personal injury claims, which means even if you are partly to blame for the crash, you don’t lose your right to claim damages if another driver was negligent and involved in the accident. Instead, your share of the fault simply reduces the amount you can recover.
405.Comparative Fault of Plaintiff [Name of defendant] claims that [name of plaintiff]’s own negligence contributed to [his/her/nonbinary pronoun] harm. To succeed on this claim, [name of defendant] must prove both of the following:
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- That [name of plaintiff] was negligent; and
- That [name of plaintiff]’s negligence was a substantial factor in causing [his/her/nonbinary pronoun] harm.
- If [name of defendant] proves the above, [name of plaintiff]’s damages are reduced by your determination of the percentage of [name of plaintiff]’s responsibility.
For example, if you were driving too fast for the conditions but the other driver failed to turn on headlights during heavy rain and ran a red light, a court might decide you are 40% responsible. If your damages total $100,000, you could still recover $60,000 from the other party, with the remaining 40% subtracted due to your own fault. This approach allows injured people to be compensated even if they made a mistake, as long as someone else also contributed to the accident. If you have any questions about fault and what you may be entitled to, contact us today to schedule a free consultation.