Bad weather can turn an ordinary drive into a dangerous ordeal in moments. Snow, ice, heavy rain, and fog are all common hazards on New York roads, and when accidents happen, determining who’s at fault isn’t always straightforward. According to the Federal Highway Administration, approximately 21% of all vehicle crashes nationwide are weather-related, resulting in nearly 5,000 deaths and 418,000 injuries annually.
Regardless of the weather, drivers must operate their vehicles cautiously and adjust to conditions. In this blog post, our car accident attorneys explain how liability is determined in weather-related accidents and what steps you can take to protect yourself both on the road and legally.
Who Can Be Liable in Weather-Related Accidents? Despite common misconceptions, bad weather alone does not absolve drivers of responsibility in accidents. Multiple parties may be held liable when bad weather contributes to a collision:
1. Drivers Drivers bear the primary responsibility to adjust their behavior based on current weather conditions. A driver may be liable when they:
Fail to reduce speed during adverse weather conditions. Don't maintain a safe following distance. Ignore weather warnings and travel advisories. Drive with inadequate equipment (such as bald tires or bad brakes). Fail to use headlights, windshield wipers, or hazard lights appropriately. Engage in distracted driving behaviors that compound weather-related risks. 2. Government Entities In some cases, municipalities or state agencies responsible for road maintenance may share liability if:
Roads weren't properly designed for water drainage. Snow or ice removal was neglected beyond reasonable timeframes. Warning signs about hazardous conditions weren't posted. Roadway maintenance issues like potholes or uneven shoulders contributed to the accident. 3. Other Parties Additional parties who might be partially liable include:
Vehicle manufacturers (if defective components like windshield wipers or brakes contributed). Commercial vehicle companies that didn't provide proper training for driving in inclement weather. Construction companies that left hazards uncorrected during poor weather conditions. Have You Been Injured in a Weather-Related Accident? Call Us. Call Tomkiel & Tomkiel today for a free consultation to understand your legal options and how we can help you win the compensation you deserve.
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Common Types of Weather-Related Accidents Here are some common types of weather-related car accidents that drivers should be aware of:
Hydroplaning Accidents During heavy rain, a layer of water can build between tires and the road surface, causing vehicles to lose contact with the pavement. These accidents frequently involve losing control and veering into oncoming traffic or off the roadway.
Low Visibility Collisions Fog, heavy rain, or snow can drastically reduce visibility, leading to rear-end collisions when drivers can't see the vehicle ahead or miss traffic signals. These accidents often involve multiple vehicles, especially on highways.
Black Ice Accidents Nearly invisible to drivers, black ice creates extremely slippery roads and can cause vehicles to spin out with little warning. These accidents commonly occur on bridges, overpasses, and shaded areas of roadways.
Snow-Related Pile-Ups Heavy snowfall can obscure lane markings and create white-out conditions, sometimes resulting in chain-reaction crashes involving many vehicles. Driver negligence in maintaining appropriate distances and speeds for the conditions is often a contributing factor.
Challenges in Determining Fault in Weather-Related Accidents Weather-related accidents present unique challenges when determining liability:
Shared Responsibility: Multiple drivers may have contributed to the accident, resulting in determinations of partial fault.Distinguishing Between Weather and Negligence: Investigators must separate unavoidable weather impacts from human error and driver behavior that exacerbated the risks.Limited Evidence: Poor visibility and rapidly changing road conditions can make accident reconstruction more complex, with fewer witnesses and less reliable physical evidence.Insurance Company Resistance: Insurance companies often attempt to minimize payouts by blaming "unavoidable" weather conditions that they call an “act of God” rather than blaming their insured, at-fault drivers.Factors Considered in Determining Fault When investigating weather-related accidents, various factors help establish liability:
Driver Behavior Was the driver traveling at an appropriate reduced speed for conditions? Did they maintain an adequate following distance? Were proper safety equipment (lights, wipers) being used? Did the driver exercise reasonable caution and care? Vehicle Condition Were the tires properly maintained with adequate tread for poor conditions? Was the vehicle equipped for winter driving (in applicable cases)? Was the vehicle in good working order with functional brakes and lights? Documentation and Evidence What do police reports indicate about driver actions? Are there traffic camera footage or witness statements? Do weather records confirm conditions at the time of the accident? What physical evidence exists at the scene (skid marks, point of impact)? Compliance with Traffic Laws Did any driver violate posted speed limits? Were traffic signals obeyed? Did the driver follow any special advisories or restrictions in effect? How to Avoid Accidents Caused by Bad Weather Here's how to enhance your safety on the road by taking proactive measures to avoid accidents caused by bad weather:
Before Driving Check forecasts and consider postponing travel during severe weather warnings.Maintain your vehicle with regular inspections of tire pressure, brakes, lights, and windshield wipers.Pack an emergency kit with flashlights, blankets, and other supplies.While Driving Reduce speed significantly below posted speed limits when conditions deteriorate.Increase the following distance to allow more time to stop.Eliminate distractions and focus entirely on the road.Use headlights even during daylight hours in adverse weather.Brake gently and pump your brakes to avoid skidding on slippery roads.If you've been involved in a bad weather accident despite taking necessary precautions, our car accident attorneys at Tomkiel & Tomkiel are always here to help. We know the complexities of determining liability in such cases and have decades of experience successfully proving negligence in weather-event cases.
The Road Forward: Next Steps After a Weather-Related Accident Weather-related accidents present unique challenges in determining fault and pursuing compensation due to the influence of environmental factors. Following such an accident in New York, promptly document the scene, file a police report noting weather conditions, seek medical attention, notify your insurer without admitting fault, and consult an experienced personal injury attorney.
At Tomkiel & Tomkiel, we thoroughly investigate all factors that contributed to your accident, including road and weather conditions, driver behavior, and potential roadway maintenance issues. Contact us today to build a strong case and receive fair compensation!
