How Does Bad Weather Change Liability Analysis?

Weather conditions have the ability to increase accidents in Tulsa and other parts of Oklahoma. Therefore, instead of only focusing on whether motorists made mistakes or errors, an analysis of a collision may include how they were driving during inclement or bad weather. Driving behaviors that might be acceptable during good weather may be risky when roads are slick, or visibility is low.

What types of weather can increase crash risks?

Weather that can increase your risk of a Tulsa car crash includes:

• Rain
• Hail
• Snow
• Ice or sleet
• Fog
• High winds
• Floods

Stormy and snowy weather results in slippery conditions, which can make it difficult to stay on the road, stop or slow down in time and control a vehicle. However, while bad weather always raises the risk of accidents, sunny weather can also cause visibility issues, as glare reduces the ability to see the road or other vehicles clearly.

Is an accident ever truly unavoidable because of weather conditions?

Accidents are usually avoidable, even in poor weather conditions. If you want to avoid an accident, there are certain safety tips to remember:

• Give the vehicles in front of you and around you adequate room and distance. In poor or adverse weather conditions, add more space between you and your fellow motorists.
• Drive slower than the speed limit. The speed limit signs have been put in place for normal weather conditions. That means that they are not meant to be followed when it is raining, snowing, or sleeting. Instead, you should exercise caution and slow down.
• If you notice flooding in a certain area, you should avoid it or turn around. Never try to drive through standing water, as it can result in hydroplaning or flooding.
• When you are using your wipers, also turn on the headlights, even if it is not dark.
• Avoid slamming on the brakes on slick roads. This will only cause you to slide, lose control, or run off the road.
• Make sure your windows remain clear. You can use your defroster or air conditioning to help you do this.
• Turn on your four-way flashers to notify other drivers of the weather conditions and as a warning that you will be driving slower than normal.
• Pull over off the side of the roadway if necessary. Sometimes waiting the weather out is the only safe option.
• If you know bad weather conditions are approaching, develop a plan before getting in your vehicle and driving to your destination.
• Make sure your vehicle is up to date, maintained, and ready for inclement or rainy weather. You should also pack an emergency kit and other necessary items (flashlight, blanket, snacks) in case you get stuck on the roadway.

How will weather impact a legal negligence analysis?

Weather can impact the determination of negligence in multiple ways. For example, if a car accident occurred in poor weather conditions, insurance companies may look at whether the drivers took the necessary actions to avoid an accident. Some of the different factors that may be analyzed to determine negligence and liability include:

• The speed of the drivers involved: The speed of the drivers involved in the crash will play a huge part in determining liability in a car accident in poor weather conditions. Drivers should slow down when driving in rain, sleet, or snow. Therefore, if it is determined that both drivers were driving too fast for the bad weather conditions (even if it is not over the speed limit), they could both be found partially at fault for the crash.
• Whether adequate distance or space was provided: While you should never tailgate or follow another vehicle too closely, it is recommended to provide even more space when driving in bad weather. It can take more time to slow down and stop when the roadway is wet, slippery, or icy. Therefore, if an individual is tailgating during poor weather conditions, they may likely be found at fault for the accident.
• Whether the drivers took necessary precautions and prepared their vehicles: Precautions are another factor that play a significant role in determining liability in accidents that happen in bad weather. For example, if a snowstorm occurred and it is found that a driver had bad tires, lacked snow chains, and their headlights were not working, they could be found partially at fault for the accident.
• Whether the drivers drove carefully and cautiously in order to prevent the accident: It is extremely important for drivers to exercise caution during poor weather conditions. Therefore, if it is determined that a driver was acting carelessly or recklessly when it was snowing, hailing, or even raining, there is a strong possibility that they will be found at least partially at fault for the crash.

Can bad weather reduce a driver’s liability?

Depending on the facts and circumstances of the accident, bad weather may reduce a driver’s liability. However, you will need to prove that the weather conditions contributed to your accident and that you were behaving reasonably in those conditions. A loss of control, poor visibility, road impairments or hazards, and more might make it easier for an accident to happen, even in the absence of particularly poor judgment. Keep in mind that even if you have significant proof, the insurance company and courts will still look at the above-mentioned factors when analyzing your case and determining whether you acted negligently in any way or failed to exercise caution during the bad weather conditions that resulted in the accident.

If you were involved in an accident that happened in bad weather conditions, the Tulsa car accident attorneys at Biby Law Firm Injury and Accident Lawyers can help you determine and prove liability. We listen to the facts of your case, help you collect and preserve evidence and pursue your claims until those at fault pay for all your harms and losses.  Our team knows and understands how important weather conditions can be in an accident claim.  Please call our office or complete our contact form today to schedule a free case evaluation.