Pennsylvania law requires motorists to maintain complete control of their vehicles at all times, regardless of the current environmental hazards. When heavy rain covers the roadway, a driver must slow down below the posted speed limit to maintain safe stopping distances. A motorist who causes a car accident because of hydroplaning can still be held liable, as they failed to adapt their behavior to the hazardous conditions.
Can an Insurance Company Deny a Claim Because of Bad Weather?
Insurance adjusters frequently point to poor weather conditions as an act of nature to shift blame away from their policyholder and minimize payouts. Although a storm might initiate a hazardous road surface, the adjusters cannot legally use the weather to excuse a driver who was traveling too fast for conditions. A lawyer can counter those strategies by presenting weather data and crash scene evidence that proves driver error caused the crash.
What Types of Evidence Prove Driver Error in Severe Storms?
Lawyers gather various forms of evidence to demonstrate that a driver failed to take proper precautions during inclement weather, including:
- Local weather reports establish the exact conditions during the collision.
- Electronic data from vehicle black boxes revealing speed choices.
- Witness testimony regarding whether the motorist was speeding or driving with their headlights activated.
What Is Comparative Negligence?
Under Pennsylvania’s “modified comparative negligence” system, a claimant can recover financial damages as long as their own fault for the collision is less than 51%. However, if the court determines the claimant’s actions contributed to the crash, the total compensation award will be reduced by that exact percentage of blame.
What Damages Can Injured Claimants Recover After a Weather-Related Crash?
Injured parties can seek full compensation for financial and personal losses following a car crash. This monetary recovery covers immediate emergency medical bills, ongoing physical therapy, and necessary medical equipment. Additionally, claimants can pursue reimbursement for lost income, reduced future earning capacity, and the ongoing emotional and physical pain caused by the collision.
Is a City Liable for Accidents Caused by Poor Road Maintenance?
Government entities possess a legal duty to maintain public roadways, which includes fixing dangerous potholes within a reasonable timeframe. If a municipality fails to address a known road hazard after a winter storm, an injured claimant might have grounds for a lawsuit. These claims involve strict notice deadlines, making early investigation exceptionally important for the case.
Does Tailgating in the Rain Constitute Gross Negligence?
Following another vehicle too closely during a rainstorm is a major traffic violation that strongly supports a finding of “legal negligence.” Because wet pavement significantly increases the distance required for a vehicle to come to a complete stop, tailgating creates a high risk for a rear-end collision. A driver who fails to leave enough space during a storm is likely to be found negligent.
How Can I Avoid Bad Weather Accidents?
Motorists can significantly reduce their risk of colliding during severe storms by taking proactive safety measures like these:
- Reducing travel speed to below the posted limit to maintain traction on slick roads.
- Increase the following distance to at least six seconds to provide enough stopping time.
- Activate headlights to stay visible to surrounding drivers.
- Replace worn windshield wiper blades before heavy rain begins.
- Avoid sudden braking maneuvers or sharp steering turns that trigger dangerous hydroplaning.
Our Experienced West Chester Car Accident Lawyers at Eckell Sparks Hold Negligent Drivers Accountable for Weather-Related Crashes
Did another driver’s negligence during poor weather conditions cause your crash? Discuss your legal options with our West Chester car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. For an initial consultation, call us today at 610-565-3700 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.