In serious crashes, bad weather is often seen as the culprit–turning what might have been a minor fender-bender on a clear day into a multi-car pileup. Although drivers are technically responsible for their actions on the road, sudden storms, slick roads, and other conditions can raise questions about who was responsible for the accident.
Below, I’ll tell you more about how weather could impact your crash claim. If you have questions about a weather-related crash, contact a New York car accident attorney at Buttafuoco & Associates for a free consultation at 1-800-NOW-HURT.
What Kinds of Weather-Related Accidents are Most Common?
According to the U.S. Department of Transportation, approximately 12 percent of all auto accidents are weather related. Many people assume that snow and ice are the most dangerous conditions to operate a vehicle in, but research shows this is not the case.
Between 2013 and 2022, rain and mist were responsible for 73 percent of all weather-involved accidents, followed by freezing precipitation (21 percent), and low visibility and severe crosswinds making up the remaining 6 percent.
When a weather-related accident occurs, the conditions at the time have a large impact on the type of accident. Accidents involving rain usually happen when a driver is following too closely and cannot stop on a slick road, rear-ending the vehicle in front.
Hydroplaning is also a frequent occurrence in rain, sometimes sending the vehicle off the road after the driver was moving too fast for the weather. If a driver fails to use their headlights in rainy conditions, they may be less visible to other drivers, which can result in serious head-on collisions. Driving too fast on wet curves can also result in a vehicle skidding off the road or hitting road signs, trees, or other nearby objects.
In snow and ice, accidents often occur because a driver is moving too fast for conditions and slides through an intersection, loses control on a curve, or rear-ends a stopped vehicle.
Other times, cold-weather accidents happen when a driver does not clear ice and snow from their windshield, windows, or mirrors.
Does Weather Exclude Liability?
It is rare that weather conditions hold up as a strong legal argument to reduce or exclude a driver’s liability. This is because all state traffic laws, including in the state of New York, require drivers to operate vehicles appropriately for the current conditions.
Stated speed limits are maximum recommended speeds in clear and safe conditions, and drivers are expected to slow down to a safe speed in bad weather while also increasing following distance.
If a driver fails to adjust their driving for the conditions at hand and causes an accident, they are still at fault for the accident.
Legal standards for driver behavior reflect how a reasonable person would drive in the same scenario. A reasonable driver will slow down if roads are slick or wet, increase following distance, use headlights when visibility is low, and avoid driving altogether during serious storms.
If a driver fails to exercise these cautions and causes an accident, this is an example of negligence.
In rare cases, weather a driver could not have been prepared for could reduce fault in a comparative negligence state like New York, but these scenarios are rare, as most weather comes on with plenty of time for a driver to choose not to drive.
Even in sudden fog, downpours, or when ice appears quickly, drivers are expected to change their behavior accordingly or pull over. One situation that could excuse some level of liability is invisible and unexpected black ice, so long as the driver was operating their vehicle reasonably prior to the accident.
Common Insurance Company Weather Defenses
Although bad weather or visibility is not an excuse for causing an accident, insurance adjusters may try to argue that because conditions were poor, neither driver was at fault. In a serious injury case, this could result in a lowball settlement for an injured driver.
The problem with this argument, as we discussed above, is that drivers have a duty to drive safely for specific conditions. If a driver who did not adjust their driving in response to the weather causes an accident due to reckless behavior like speeding or following too closely, they are still at fault.
In the state of New York, however, we operate under no-fault laws, which means that even if another driver causes your injuries through their negligence, unless your injuries are considered serious by law, you cannot file a lawsuit against them. Your Personal Injury Protection insurance will also first be utilized for the first $50,000 in medical expenses, lost wages, and other injury-related expenses. PIP insurance does not cover property damage or pain and suffering.
If your injuries are serious under New York law, you can file a lawsuit against the at-fault driver. In this case, working with a New York personal injury attorney may be in your best interest.
What to Do After a Weather-Related Accident
It is a good idea to gather evidence and witness statements at the site of the accident if you or a passenger is well enough to do so.
In some cases, weather conditions vary across areas, so documenting wet or icy roads, visible fog, snowfall, and other factors can help support your claims. If witnesses corroborate your claims about weather conditions, this will also strengthen your case, so gather statements and contact information if possible.
Weather reports can later be pulled for the exact date and time of the accident, demonstrating that conditions existed. Weather services can produce data on temperature, precipitation, visibility, and more. This data can clarify the severity of conditions and what actions drivers should have taken to operate their vehicles safely.
The police report produced during the investigation at the scene will ideally depict that the at-fault driver failed to operate their vehicle safely for the conditions. In the case that your vehicle is the only one involved, the report could potentially note any conditions that reduced your level of fault for damage to your vehicle, which can help with your insurance claim.
Officers at the scene calculate stopping distances and compare them to the at-fault driver’s speed and following distance. How severely the victim’s vehicle was damaged or the severity of the victim’s injuries can also provide important evidence, so ensure that you get medical treatment immediately after the accident where treatment and injuries can be documented.
When to Hire a New York Car Accident Attorney
If you sustained serious injuries and the at-fault driver is refusing to take accountability for their actions after a weather-related accident, or if your insurance company is refusing to pay what you need to recover from your injuries, a car accident attorney serving New York may be able to help.
At Buttafuoco & Associates, we believe in treating our clients like family, and will take care of the investigation, evidence-gathering, and other necessities so you can focus on your recovery.
If you need legal help after an accident, call 1-800-NOW-HURT for a free consultation.