Living in Orlando, we are no stranger to dangerous and powerful storms. This is especially common in the summer months. What if these dangerous weather conditions and harsh road conditions cause you to get into an accident? Would you be at fault? Here at Injury Assistance Law Firm, we are an auto accident attorney who is here for you.
Is The Accident Your Fault If The Weather Is Bad?
Many drivers who have been in a car accident may feel that the accident was unavoidable for various reasons. Maybe the wind was too strong, or the rain was too powerful. One of the biggest of those reasons is the fact that inclement weather made driving conditions dangerous. In these incidents where an auto accident occurs during bad weather, both the hit driver and the driver of the colliding vehicle may wonder where the fault lies.
The truth is that insurers and lawyers must consider the weather as part of a complex equation that also includes accident scene evidence, whether or not either driver had been drinking or was distracted, and a host of other factors. Therefore, the weather may only be to blame under specific circumstances based on the following information.
Road Conditions Are Responsible
Are you familiar with the “reasonable person” test? This test shows if the person who caused the accident was behaving and making decisions as a theoretical “reasonable person” of average intelligence and capability would, then they likely were not negligent.
When it comes to normal driving, a reasonable person can be someone who obeys speed limits and traffic signs while avoiding dangerous activities like driving while intoxicated or getting distracted. This test also applies to mild weather events, such as a light drizzle. A reasonable person may not have difficulty using their windshield wipers, turning on their headlights and driving through the sprinkling rain in such a way as to avoid an accident.
Under severe weather conditions like a torrential downpour, a reasonable driver would likely behave differently. Faced with the risks of low visibility and poor tire traction, they may drive much slower, avoid sudden turns, and be extra cautious trying to see other vehicles around them. Therefore, someone can be driving the posted speed limit and obeying traffic signs as usual during a severe weather event and still be determined to be negligent if they cause an accident if they failed to adjust those behaviors accordingly.
If someone drives extra cautiously in severe weather can legitimately enter in an unavoidable situation and cause an accident. For instance, their vehicle may hydroplane even at lower-than-usual speeds and cause them to wreck into a car beside them. Insurers, judges, juries, and lawyers will all consequently consider the facts of the environment and each driver’s actions separately when deciding where the fault lies. Our auto accident attorney is here for you.
If you ever get in a car accident because of harsh road conditions, you may not be at fault. Here at Injury Assistance Law Firm, we are here for you. Our auto accident attorney and is dedicated to your safety. We are dedicated to ensuring you get all the information you need to take action. Trust our personal injury attorney Orlando to help you obtain the most favorable results possible. Our experts are driven to fight for you and get you protected. Visit or call us today for more information.