How Does Weather Affect Car Accident Liability?

Determining car accident liability can be complex. In Wisconsin, drivers can be held liable for car accidents when their negligence leads to a collision. So, what happens when weather conditions play a role in a crash?

Even when snow, ice, fog, or heavy rain contribute to a crash, the weather itself is rarely viewed as the sole cause under Wisconsin law. Instead, investigators look at how each driver responded to the conditions when determining car accident liability. While poor visibility or slippery pavement can create hazards, drivers must still adjust their speed, increase following distance, use headlights, and stay alert. When a driver fails to take these reasonable precautions and a crash occurs as a result, car accident liability can still fall squarely on them despite the weather. 

Now that winter is just around the corner, this question is becoming increasingly important for Wisconsin residents. While weather-related accidents can—and do—happen all year long, they are especially common during the winter months. 

Determining Liability in a Weather-Related Car Accident in Wisconsin

Oftentimes, when the weather plays a role in causing a car accident, it is not the only cause involved. While some accidents happen despite everyone’s best efforts to stay safe, negligence is a common factor in weather-related accidents as well. This includes common forms of negligence such as:

• Driving Too Fast for the Weather Conditions – When the roads are slippery and visibility is reduced, slowing down is essential for staying safe on the road. Regardless of whether someone is driving above or below the speed limit, if they are driving too fast for the conditions, this can constitute negligence under Wisconsin law. 
• Following Too Closely for the Weather Conditions – Similarly, while tailgating is dangerous in all circumstances, drivers need to leave additional space in front of them in bad weather. Even if a driver isn’t tailgating, if a driver is following too closely for the weather conditions, this can justify a negligence-based claim in the event of a rear-end collision.
• Distracted Driving (Talking, Texting, Navigating, and Rubbernecking) – Distracted driving is another all-too-common driving mistake that is even more dangerous when the roads or slick or when precipitation is coming down. When the conditions are hazardous, it is even more important that drivers remain focused on the task at hand. 
• Driving Under the Influence (Alcohol, Marijuana, or Other Drugs) – Ensuring that drivers have all of their faculties is even more important in bad weather as well. Driving under the influence not only impairs drivers’ ability to think clearly and make split-second decisions, but it also impairs their ability to respond to hazards and maintain control of their vehicles. 
• Failing to Maintain Control in Hazardous Conditions – Drivers have a duty to maintain control of their vehicles regardless of the weather conditions. If a driver loses control because of a mistake behind the wheel or because the driver isn’t familiar with how to drive safely on slippery roads, this can also justify a car accident liability claim in the event of a collision. 

These are just examples. From road rage to inadequate vehicle maintenance, various other issues can—and do—lead to weather-related accidents as well. When drivers and vehicle owners make mistakes that lead to accidents that could—and should—have been avoided, victims are entitled to file car acident liability claims under Wisconsin law. 

Proving Your Right to Financial Compensation After a Weather-Related Collision 

With all of this in mind, if you are involved in a weather-related car accident in Wisconsin, you should handle your situation just like you would after a collision under any other circumstances. Among other things, this means you should: 

1. Call 911 and Gather Information at the Scene of the Accident (if Possible)

You should call 911 at the scene of the accident and wait for the police to arrive. If possible, you should obtain the other driver’s insurance information, and you should take lots of photos and videos of your vehicle, the other driver’s vehicle, the road conditions, and the surrounding area. 

2. Take Care of Your Medical Needs and Start Documenting Your Injuries (and Their Costs)

When you leave the scene of the accident, getting the medical care you need should be your first priority. Once you have gotten the care you need, you should focus on documenting your injuries and their financial and non-financial costs. 

3. Talk to a Madison Car Accident Lawyer Who Can Help You File a Car Accident Liability Claim 

Regardless of the weather conditions involved, seeking the financial compensation you deserve after a car accident in Wisconsin can be challenging. An experienced Madison car accident lawyer will be able to deal with the insurance companies for you, and you should schedule a free consultation promptly.

Contact a Madison Car Accident Lawyer for FREE

Do you need to know more about filing a claim for a weather-related car accident in Wisconsin? If so, we strongly encourage you to get in touch. 

To schedule a FREE case evaluation with an experienced Madison car accident lawyer at Boller & Vaughan, please call (608) 268-0268 or contact us online today. We proudly serve clients in Madison and throughout Wisconsin.