Weather-Related Accidents
Dealing with accidents caused by hazardous roadways
Colorado roadways can quickly become hazardous in the right conditions. Ice, snow, and sleet can make roads slippery in the winter months. Also, fog or heavy rain can impair visibility at times. However, most drivers need to be made aware of who is responsible in the case of a weather accident.
Our seasoned car accident lawyers can help you in the event of a weather-related legal case.
Understanding weather-related accidents
Depending on where you live in Colorado, you likely experience extreme weather and hazardous driving conditions occasionally. The average annual snowfall in Colorado is approximately 67 inches for the entire state, which makes car accidents in snow more likely than in warmer states.
Most drivers take precautions and adjust their driving style by slowing down and being attentive during lousy weather. Some individuals change their tires proactively to mitigate the risk of car accidents in snow, sleet, or rain. However, not all drivers adjust, and that’s when a weather accident can become an at-fault car accident. In such cases, the at-fault driver failed to take necessary precautions to accommodate the weather conditions.
Common causes of weather accidents
According to the US Department of Transportation (DOT), just over 20% of all accidents are due to weather conditions. During bad weather, car accidents tend to occur more frequently.
Rain
Rain creates hazardous driving conditions by reducing visibility and creating slippery roads. Statistics show that 46% of weather-related crashes stem from rain. Furthermore, wet pavement poses a danger for driving due to reduced tire traction, causing the risk of skidding.
Snow & sleet
Snow and sleet create treacherous driving conditions due to reduced traction and limited visibility, heightening the risk of accidents. Snow causes 18% of weather-related crashes. Icy pavement also poses a significant danger for driving due to its slippery surface, resulting in 13% of weather-related crashes.
Fog
Fog presents dangers for driving due to severely reduced visibility, leading to potential collisions and difficulty navigating roadways. Surprisingly, car crashes contribute to only 3% of weather-related crashes.
Who is liable in a weather-related accident?
Establishing liability in a weather accident can be more challenging than an accident under ideal driving conditions. In adverse weather, drivers (and insurance companies) often label accidents as an “Act of God” or assert no one was at fault. In some instances, despite adverse weather conditions, an individual may still be at fault for the accident.
Negligence vs Act of God
In an accident, the “Act of God” defense means that the crash was unavoidable and weather conditions were at fault. If no one is at fault in a car accident, then no one can be liable for the damages. However, difficult weather conditions only partially exonerate drivers from their duty to operate their vehicles safely.
Weather can significantly alter driving conditions, posing challenges for navigation. Despite these difficulties, drivers still must maintain control of their vehicles. Failure to remain in control can constitute negligence. Drivers are legally obliged to adapt: drive cautiously, reduce speed, and maintain safe distances.
Understanding the distinction between negligence and the “Act of God” defense is crucial for determining liability in an accident. Insurance companies may be mainly motivated to blame an accident on bad weather. They may be eager to accept that the accident was an “Act of God” and to move on to avoid a payout or a lawsuit.
Driver fault
Possible determinants of fault for weather accidents include evidence that a driver was not adequately considering road conditions. For example, car accidents in snow may attribute liability to a driver who causes the accident by speeding.
However, adhering to the speed limit sometimes doesn’t absolve a driver from liability. If they drove unsuitably, considering the weather, they could still be held responsible for an accident.
Also, drivers are legally obligated to turn on their headlights whenever conditions necessitate windshield wipers. For instance, drivers who neglect to use headlights or windshield wipers might be considered responsible for car accidents in snow.
Essential evidence for weather accident claims
The evidence you need to establish fault in accidents due to weather conditions mirrors what you’d gather if the weather is clear.
Here are some of the basics you will need:
Crash report
Get a copy of the crash report produced by the police officers who responded to the accident.
Physical evidence
Do your best to record any physical evidence. There may be skid marks at the scene (which are sometimes more visible in wet or snowy conditions). You can also try to get video evidence from a nearby camera.
Witness statements
Get statements from witnesses about the crash. You may have a witness who can testify that the other driver was operating their vehicle recklessly in light of the conditions. Gather contact information in case you need those witnesses to speak with your lawyer or insurance.
Medical Evidence (if applicable)
Schedule appointments with healthcare providers to document and verify personal injuries sustained in a car accident. Personal injury lawyers collaborate with healthcare providers to utilize documented medical evidence from car accident injuries, strengthening compensation claims.
Seeking compensation for accidents due to weather conditions
When navigating Colorado’s diverse weather, understanding liability in car accidents due to weather conditions becomes crucial. From wet and icy pavements to foggy roadways, each condition heightens the risk of accidents. Understanding who or what is liable in these situations is vital, and having a skilled car accident lawyer is essential.
The lawyers at Legal Help in Colorado are committed to guiding you through the stress of weather-related accidents and the legal issues that come with it.
Knowledgeable. Compassionate. Dedicated.
We are your personal injury team.
Available 24/7 to take your call: (720) 743-3682