Severe weather affects liability in car crashes by creating conditions that require drivers to use greater care and judgment. Motorists have a duty to operate their vehicles with reasonable care. This means altering their driving style to accommodate weather conditions.
If a driver fails to take precautions, such as slowing down and increasing following distances, they may be held liable if they are involved in an accident. Negligence depends on how the driver responded to the weather, not the weather itself.
If you’ve been hurt in an accident caused by another motorist who was driving carelessly in bad weather, our Long Island car accident lawyers can help. Our team has over 100 years of combined legal experience. Call today to schedule your free consultation.
Who’s At Fault in a Car Accident Caused by Weather?
Assigning fault in a car accident depends on the behavior of each driver. Drivers have a duty to exercise reasonable care when operating their vehicles. This is true no matter the weather. However, when the weather gets bad, drivers must adjust their behavior accordingly.
Drivers are expected to adjust their driving to account for conditions such as snow, fog, or rain. Fault is determined by comparing each driver’s conduct to what a reasonably careful driver would have done in similar weather.
The concept of reasonable care means that a driver’s actions are weighed in terms of the specific situation. A driver using reasonable care would reduce speed on icy roads. If another driver fails to act with that level of care and causes harm, they may be at fault.
Can You Sue an At-Fault Driver in New York?
Even if you have been hit by a driver who clearly wasn’t exercising reasonable care in bad weather, you may not be able to sue them. New York is a no–fault state for auto insurance, meaning each driver must file a claim with their own insurer.
Your policy’s personal injury protection (PIP) covers medical treatment and part of lost income regardless of fault. In a no-fault state like New York, you can only file a lawsuit against an at-fault driver in very specific situations.
You may be able to sue if your car accident claim exceeds insurance limits, but only if your injuries qualify as serious under the state’s legal definition. Our team can assist you in understanding your legal options and taking the right steps.
What Common Weather Conditions Lead to Driving Mistakes?
When the weather turns bad, some drivers continue as though conditions were optimal. They may be in a rush, unaware of the dangers, or simply accustomed to certain behaviors. Weather conditions that often result in driving errors and accidents include:
- Snow: Winters in the northeast always bring plenty of snow. Drivers who speed, follow too closely, or fail to remove ice and snow from their windows and roofs can cause accidents.
- Rain: Rain can mean not only slick roads, but also poor visibility. Reasonable care means slowing down or pulling off the road and waiting for heavy rain to subside.
- Flooding: Puddles and areas of standing water can cause a car to hydroplane and go out of control.
- Ice: An icy road can lead to loss of traction and a crash, potentially hitting other vehicles as well. Black ice can surprise drivers who drive too fast.
- Wind: Strong winds can affect how your vehicle handles, especially if it has a high profile. Drivers should slow down and allow plenty of space between vehicles.
- Fog: Heavy fog can severely limit visibility for all drivers. It’s often best to pull well off the roadway and wait for it to clear rather than pushing through it.
In addition to driving habits, vehicle maintenance plays an important role. Snow or all-weather tires and wiper blades that are working properly can help with stability and vision. A dangerous vehicle that is unprepared for bad weather may make a driver liable for an accident.
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Can Road Maintenance Contribute to Weather-Related Accidents?
Poor road maintenance during bad weather can contribute to crashes. If an agency such as NYSDOT failed to salt icy roads, clear snow, or fix drainage problems that cause flooding, it could share liability for an accident.
Practically, cases against the government are complex because claims against public entities have special notice and filing deadlines.
Get Help With Your Car Accident Case
Weather can affect liability in car crashes when negligent drivers don’t adapt to changing road conditions. They may drive at normal speeds on slippery roads, follow too closely, brake too hard, or fail to clear snow or ice from the vehicle.
In New York, these actions often show a lack of reasonable care, which can make the driver legally responsible for your damages.
At Levine And Wiss, we’ve helped thousands of clients get the compensation they deserve when they are injured in an accident. Call for your free consultation and tell us what happened so we can discuss your options.
