Every year, thousands injure themselves in a weather-related crash, a significant number of them caused by the rain. Car accidents in the rain can have various underlying causes. When an accident takes place, finding the at-fault person is crucial to start the compensation process.
When an accident is caused due to the rain, you may be confused about who pays for your damages. Even when the rain contributes to an accident, one or more parties can still be at fault. Such cases can be complex, so consult with a personal injury lawyer in LA to get help.
Why do accidents happen in the rain?
Accidents in the rain can happen for various reasons. Sometimes the accident may be unavoidable, but in most cases, one can avoid accidents if they are careful and follow safety measures.
The rain can indeed make the road dangerous. However, the driver also has the responsibility to follow safety measures and be extra vigilant when the weather is dangerous. Even though the rain can increase the odds of an accident, the weather cannot be liable for a crash. Every driver has the responsibility to drive in such a way as to prevent crashes.
For example, if the roads are wet and slippery because of the rain, drivers are supposed to drive under the speed limit to avoid a collision. Some other factors that play a key role in rain-related crashes include tailgating, failing to signal, aggressive driving, and failing to use headlights.
Another important factor that significantly contributes to accidents is the condition of the vehicle. If your vehicle is not maintained properly, it is more likely to malfunction in the rain and cause a crash.
How is liability determined in a rain-related crash?
Weather contributes to thousands of car crashes that happen annually in LA. However, most of these accidents were caused due to at least one person’s negligence. Therefore, the insurance company needs a way to determine the liability. Attorneys and insurers look at the following factors in any rain-related crash:
- The driving speed of either driver with respect to the weather conditions.
- Whether either driver was maintaining a safe distance from other vehicles.
- Whether the rain was expected or unexpected.
- Whether the driver could have done anything to avoid the accident.
When is either party not at fault in a rain-related car crash?
There are very few instances when a driver may be able to use the “Act Of God” defense. This can be used in instances where the event was completely unexpected and unavoidable. This means that either driver could not have done anything to prevent the crash—for example, a sudden tornado hitting the city and causing a pile-up of cars.