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Bad Weather Car Accidents: Who is at Fault?
Bad Weather Car Accident

With millions of drivers on the road each day, there is no doubt that car accidents, both fatal and non-fatal, occur.  Rain, ice, sleet, snow, and even fog increase rates of car accidents.  While the weather is out of the driver’s control when an accident occurs, driver liability will still be determined.

When car accidents occur during bad weather, who is at fault?

Driver Responsibility:

Driving in all types of weather can be challenging, but when the weather changes, it is important to take extra precautions.   Some adjustments may include taking extra time to reach a destination, increasing the following distance between yourself and the car ahead of you and slowing your rate of speed.  Multiple states have laws requiring drivers to turn on headlights when windshield wipers are in use, increasing both your visibility as well as making you more visible to other drivers.  As the driver of a vehicle, you have the choice to drive during inclement weather and the choice to take the extra precautions necessary during inclement weather.

Determining Who is at Fault:

Weather is just one factor in determining who is at fault after an accident occurs.  A police report will examine the scene of the accident, record evidence and talk to witnesses.  Some examples that would cause a driver to be at fault during inclement weather include:

  • Failure to adjust speed during inclement weather
  • Failure to use windshield wipers
  • Failure to use headlights correctly
  • Failure to maintain a safe distance between vehicles

Determining Liability:

In most cases, when an accident occurs during inclement weather, the driver at fault will also be held liable.  Very rarely can a driver claim that bad weather is at fault for an accident they were responsible for.

If you or a loved one were involved or injured in a weather-related accident, and you need help understanding liability or help to receive the compensation you deserve, contact the Law Offices of Reginald Keith Davis for a free consultation.  He is licensed in both Kansas and Missouri.  Phone: (913) 229-8789

 

About the Author

Reginald Davis
Reginald Davis
author

Reginald Davis is a licensed lawyer in Kansas & Missouri.

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