It’s very difficult to navigate through weather conditions such as rain, snow, sleet and hail, which is why so many car accidents occur in times of bad weather. But since no one has the power to control the weather, who is to blame for these accidents? Here’s what you need to know about liability in car accidents caused by bad weather:
Negligence Remains A Key Issue
Insurance companies place the blame on whichever driver was acting negligently at the time of the accident. The insurance adjuster will consider a number of factors when determining which driver was negligent, including the weather conditions. But, this does not mean the at-fault driver will be off the hook if the insurance adjuster discovers the accident was caused by bad weather.
Insurance companies believe that it is the driver’s responsibility to control his vehicle at all times—even in bad weather. This means that a driver must know how to quickly adjust in different weather conditions to avoid an accident. If he fails to do so, he could be held liable.
For example, driving at the speed limit is safe when the weather is sunny and clear. But, drivers usually need to slow down a bit when it starts to rain. This is because the roads become slick and visibility becomes limited as the rain pours down on drivers’ windshields. If a driver does not make this adjustment and gets into an accident as a result, the insurance company may find him liable. This is true even if the driver was going below the speed limit at the time of the accident. If the insurance company believes he was still driving too fast, it won’t matter.
Shared Fault
Fault is often shared between two or more drivers in accidents that occur in bad weather. When fault is shared, it means that both drivers are partially responsible for causing the accident. In this situation, the injured party may still be able to recover compensation even if she is found to be partly at fault for the accident.
However, there is an exception to this rule. In the state of Colorado, car accident victims cannot recover compensation for their injuries if they were more than 50% responsible for the accident. The other driver’s insurance company may try to argue that you are over 50% responsible so they do not have to compensate you, but an attorney can help in this situation.
Have you been injured in a car accident that occurred in bad weather? If so, contact Reisch Law Firm today so we can begin working with the insurance company to recover the compensation that you deserve for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
