Regardless of the weather condition, negligence is the crucial factor in determining the liability for a car accident because it is expected that each of the persons who drive would act accordingly with the standard of care in such circumstances.
Bad weather, for example, ice, wind, rain, fog, snow often is a significant factor which can help determine if the person involved in an accident was acting correctly or falling short of maintaining the standard thus was driving negligently or possibly, recklessly.
What is sensible under these conditions?
For instance, it would be sensible for a person to drive at the speed limit on an open highway on a bright day whether with heavy traffic on the road or stalled traffic. However, if it is a rainy or foggy day, it would be foolish to go at the speed limit in for or heavy downpour because heavy rain or fag can significantly impair a drivers vision.
As usual, slick wet pavement, snow or icy condition is the reason behind anyone’s significant inability to apply the brakes of a vehicle in its normal stopping distance. A sensible person should be able to slow down or keep control of his car under those lousy weather conditions whether by driving slow or by maintaining a safe distance with other vehicles.
However, slowing the car down to the posted speed limit due to the bad weather condition will not be enough always to demonstrate that the driver was acting sensibly and thus, will not be enough to prove his conscientious or vulnerability. It depends, usually, the insurance adjuster might conclude (and a judge or jury might later find) that the driver was not traveling at an excessive rate of speed in the circumstances.
Nevertheless, a reasonable person is expected to pull over or keep off the road if there is a blinding rain or thick fog until conditions improve because under those conditions, driving well below the speed limit still could be found to have been negligent. The reason it would be found negligent is that a sensible person is expected to keep off the road or pull over until the conditions are clear to drive again.
Some other factors that come in to play are:
- The condition of the car is good enough to drive in those conditions and if its tires are working correctly to make a right break.
- If the windshield wipers are functioning effectively or whether the defogger was operating for a clear vision of the road.
- If any alcohol or drug is involved.
- If the car’s headlights were adequately aligned and on.
- If the cars taillights and brake lights are functioning as they should.
- The driver’s familiarity with the road he is driving in.
- Road conditions and other hazards such as fallen rocks or branches.
- In a crash which involves two or more vehicles, the actions of each driver would also come into play so that it can be determined whether one or more is at fault. Also, the liability or responsibility will be assessed if more than one is even partly faulty.
Typically, a driver is liable for involving a pedestrian into an accident in bad weather condition. However, pedestrians actions may also be responsible for a crash because a sensible pedestrian should not do some things in these weather circumstances. What a rational pedestrian should do in these circumstances is:
- A prudent pedestrian should cross the road only at the crosswalk, of course with the traffic light!
- A reasonable pedestrian should not start wandering on the roadway.
- A sensible pedestrian should try to wear a highly visible outfit or carry light at night.
To conclude, not meeting these requirements may mean a driver was negligent. But the liability of the more negligent party might be limited if both parties failed to maintain the required standards and act inattentive. While it is essential for a driver to respond accordingly with his car to these lousy weather circumstances, the pedestrians should also act reasonably to avoid some probably horrible accidents. But even if someone gets involved in these accidents, expert lawyers of Krasney Law can help you. they have won many rewards for their clients and they can also work with the guarantee of getting the right compensation for you.