Can I Recover Compensation for My Car Accident in Adverse or Severe Weather?

When hazardous weather conditions are a factor in car accidents, victims are often led to believe that it was an unavoidable accident or an “act of God” and that they cannot get paid for their injuries.

However, nasty weather does not relieve drivers of their duty to drive responsibly. In fact, it requires drivers to use extra caution and to make sure that their vehicles are in proper condition to handle the weather.

Roadway defects, such as improper drainage or dangerous design, can also contribute to transient hazards leading to severe crashes during adverse weather events.

Factors Contributing to Bad Weather Accidents

Crashes and collisions occurring in hazardous weather often have significant contributing factors including driver negligence, vehicle defects and roadway defects.

Examples of driver negligence which may have contributed to your accident include:

  • Distracted driving
  • Intoxication
  • Driving too fast for the conditions, even within the posted speed limit
  • Following too closely – not allowing adequate stopping distance for the conditions
  • Inadequately maintained vehicle, including inadequate wipers, bald tires, or malfunctioning brake lights
  • Failure to use headlights when visibility is poor

Liability in Bad Weather Car Crashes

You can’t seek compensation from Mother Nature, but even when the weather played a big role in your accident, anyone who was responsible for the accident or injuries could be held liable. Depending on the cause of your accident, one or more of the following may be held liable for your accident injuries or the loss of a loved one:

  • Negligent driver
  • Auto or parts manufacturer or seller
  • Rental company
  • Government entity responsible for roadway design, construction, and/or maintenance
  • Property or business owner responsible for roadway design, construction, and/or maintenance, such as in parking lots and structures

Bad weather car accident claims can present unique challenges. The experienced auto accident attorneys of McPhillips Fitzgerald & Cullum LLP, are here to help. Please give us a call today or email us to schedule your free initial consultation.


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