With the recent start of winter, now is the perfect time to address how weather conditions affect liability in car accidents. Even here in the greater Metro Atlanta area, we see our fair share of winter weather. Sure, we might not get the blizzards you experience up north, but we do get adverse weather conditions like rain, ice, and even the occasional snowfall.
With that in mind, if you are involved in a car accident while the weather is less than ideal, here are a few ways the conditions might impact how liability is determined.
What Type of Weather Causes the Most Car Accidents?
When it comes to adverse weather events, you might be surprised to learn that it isn’t snow or even ice that causes the most car crashes… it’s rain. According to the Federal Highway Administration, most weather-related car accidents happen during rainfall or while roadways are still wet.
Of the nearly 1,235,000 weather-related car crashes each year:
- 70% occur on wet roads
- 46% occur while it’s raining
- 18% occur during snow or sleet
- 16% occur on snowy or slushy roads (though it may not actively be snowing)
- 13% occur on icy roads
- 3% occur when it’s foggy
Given this information, it’s important to drive cautiously in rainy conditions, as well as more wintry mixes. If you are involved in a car accident in bad weather, though, how exactly can the weather affect liability in your case?
Who’s At Fault in a Car Accident Caused by Weather?
Even if weather is a contributing factor in a car crash, drivers do still have an obligation to take the weather conditions into account when driving their cars.
For example, O.C.G.A. § 40-6-49 addresses the following distance by stating that drivers “shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”
Likewise, O.C.G.A. § 40-6-180 states that “No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing,” and specifically notes that this should be taken into consideration “when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.”
In regards to use of the passing lane, O.C.G.A. § 40-6-184 clarifies that, though the left lane of a multi-lane road is generally only meant to be used for passing other vehicles, this law does not apply “[w]hen inclement weather, obstructions, or hazards make it necessary to drive in the passing lane.”
There are also federal laws that apply to commercial motor vehicle drivers that specifically state how they must operate their vehicles when there are adverse weather conditions. 49 C.F.R. § 392.14 states:
“Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.”
So, let’s say you're driving somewhere this winter the speed limit is 65 mph, but it’s sleeting and the temperature is dropping. It likely would not be reasonable for you to drive the maximum speed limit in these conditions, as you would be aware that road conditions may become icy given the precipitation and cold temperatures. The fact that you’re doing the speed limit–say it is 55 or 65 miles per hour–could potentially make you negligent if you were to hit an icy patch and go off the road.
However, if you exercise caution as a reasonable driver and reduce your speed to 30 or 40 mph and another driver going 65 were to slide into your lane and hit your vehicle, you would likely have a better chance of winning a claim against that driver because you were exercising caution appropriate to the driving conditions, while they were not.
What is an Act of God?
Now, there may be times when excessively unpredictable weather conditions are fully liable for injuries or damages caused in a car crash, but such cases are rare. An Act of God in a car accident case would have to be something completely out of a driver’s control, such as lightning striking your car, causing you to drive off the road.
In most cases, Act of God arguments don’t stand up in personal injury cases because there is almost always something the at-fault driver could have done to prevent causing a car accident in the first place.
Common Weather-Related Driving Mistakes That Lead to Liability
Poor weather doesn’t excuse unsafe driving. In fact, it raises the standard of care expected from everyone on the road. Drivers are required to adjust how they operate their vehicles based on conditions like rain, fog, or ice. When they don’t, those choices can easily lead to liability in a car accident claim.
- Driving Too Fast for Conditions: Even if a driver stays under the posted speed limit, they can still be held negligent if their speed was unsafe for the road conditions. For example, driving 55 miles per hour in heavy rain may be considered careless if visibility is low or water is pooling on the roadway. Georgia law requires drivers to reduce speed when hazards exist due to weather or traffic.
- Following Too Closely: Wet or icy roads make it harder to stop quickly. A safe following distance in clear weather might not be enough in rain or sleet. If a driver rear-ends another vehicle because they didn’t leave enough space, they can still be found at fault, even if the roads were slick.
- Failing to Maintain Vehicle Equipment: Neglecting basic maintenance (e.g., replacing worn tires, brake pads, or windshield wipers) can contribute to liability in a weather-related crash. If a car hydroplanes because of bald tires or if the driver couldn’t see through a streaked windshield, an insurer or court may find that the driver is responsible for failing to keep the vehicle roadworthy.
- Using Cruise Control on Wet or Icy Roads: Many drivers don’t realize that cruise control should never be used in rain, sleet, or snow. It can cause the car to accelerate or brake unpredictably, making it easier to lose traction. When an auto accident occurs under those conditions, this decision may be considered negligent behavior.
- Improper Braking or Steering: Panic braking or oversteering during a skid can cause a vehicle to spin out or cross lanes. Drivers are expected to know how to respond safely to skids or loss of traction. Overcorrecting, slamming on the brakes, or failing to steer into a skid are all mistakes that can shift liability onto the driver who lost control.
- Ignoring Warnings or Road Conditions: Drivers are also expected to pay attention to visible hazards. If warning signs indicate black ice, standing water, or reduced visibility, ignoring them can weaken a driver’s defense. Liability increases when someone continues driving as if the road were dry and clear.
Hydroplaning and Wet Weather: Preparation for Driving in Rain
How Insurance Companies Handle Weather-Related Accident Claims
Insurance companies don’t excuse unsafe driving just because the weather was bad. When rain, fog, or snow and ice contribute to a weather-related crash, adjusters still look at what each driver could have done differently to avoid it. Their goal is to decide if someone failed to act as a reasonable driver under the conditions.
Adjusters start by reviewing the police report, photographs, and statements from everyone involved. They also check the local weather data for the date and time of the crash to see what conditions were reported. If visibility was poor or the roads were slick, they ask if each driver slowed down, used headlights, and kept a safe distance. A driver who ignored those precautions might still be found negligent, even if the weather played a part.
In Georgia, comparative negligence rules apply. That means liability can be shared between drivers based on their percentage of fault. For example, if one driver was speeding in heavy rain and another had worn tires that reduced traction, an insurance company could assign 70% of the fault to the speeding driver and 30% to the one with poor tires. Each driver’s recovery would then be reduced according to that percentage.
Insurance investigators may also review vehicle data from the car’s onboard computer, traffic camera footage, or witness statements to confirm speed and braking behavior. If a driver claims they lost control because of icy roads, high winds, or heavy rain, but data shows they were going too fast for conditions, that evidence can shift liability against them.
This is one reason why it’s important to document everything after an auto accident. Photos of the accident scene, tire marks, and even the weather forecast can help show that you were driving responsibly. Having legal guidance early on can also make a difference in how the insurance company views your claim, especially when weather conditions are involved.
The Role of Evidence in Proving Negligence During Bad Weather
Proving negligence means showing that a driver failed to act reasonably for the road and weather conditions. The stronger the evidence, the easier it is to demonstrate how a driver’s choices contributed to the auto accident.
Right after a crash, the most valuable evidence comes from the scene. Photos or videos that show the weather, the position of the vehicles, and the condition of the road can be powerful. Skid marks, debris, and the placement of traffic signs or signals can also help reconstruct the events that occurred if it’s raining or icy. Capturing how slick the road surface looks can support your claim that visibility or traction was poor.
Other recommended evidence types include:
- Witness Statements: People who saw the traffic collision can describe whether a driver was tailgating, speeding, or braking suddenly before losing control. In some cases, dashcam or traffic camera footage may confirm those accounts.
- Electronic Data: Modern vehicles record data through electronic control modules (ECMs). These systems track information such as speed, braking force, and steering angle in the moments leading up to impact. That data can show if a driver reduced speed for the weather or ignored obvious hazards.
- Police Reports: Police reports often include an officer’s notes about the weather and the apparent causes of the auto accident. They might record whether headlights were on, if the driver admitted to hydroplaning, or if tires appeared bald. These observations can carry weight with insurance adjusters and in court.
Time and inclement weather can quickly change a scene, and vehicles are often repaired or destroyed soon after an accident. Having the right documentation and expert analysis can make the difference between proving fault and having your insurance claim denied.
How to Win a Weather-Related Car Crash Case
If you’re injured in a car accident that was at least partially caused by adverse weather conditions, it’s important that you speak with a knowledgeable personal injury attorney about the circumstances of your accident. It is important to talk to a lawyer soon as critical evidence could be lost or destroyed if it is not examined early on.
As we noted above, many vehicles have electronic control modules that capture vehicle data when a wreck occurs. This may include the car’s speed leading up to the wreck and when, or if, the driver applied the brakes. An experienced lawyer can hire the necessary experts who can download that data and prove your case. For more information, reach out to a Marietta personal injury lawyer.
Get a Free Consultation From a Marietta Auto Accident Attorney
At The Champion Firm, Personal Injury Attorneys, P.C., our team of award-winning attorneys has extensive experience representing clients injured by other drivers’ negligence, including people driving negligently in poor weather conditions.
If you’ve been injured in an auto accident, don’t settle for the first offer the other driver’s insurance company throws at you just because you understand that the weather conditions weren’t ideal. All drivers should exercise caution when driving in rain, fog, sleet, snow, etc.
If your injuries were caused by another driver’s negligence, make sure you get the full amount of compensation you are owed in your case. Not doing so could leave you with excess medical bills and lifelong health complications.
Contact The Champion Firm, Personal Injury Attorneys, P.C. today to get a free evaluation of your case. Under our contingency fee arrangement, you pay nothing until we win your case for you. Please call 404-905-1994 or contact us online today.
