Weather conditions can influence how a vehicle accident occurs—and how it’s handled during the claims process. Rain, snow, ice, fog and other adverse weather conditions can create driving hazards. If you’ve been involved in a car accident during bad weather, understanding how these conditions impact your claim can be helpful.
Determining liability
Vehicle accident claims typically center around determining fault. While weather conditions might contribute to an accident, they don’t necessarily absolve drivers of responsibility. Drivers are expected to adjust their behavior to account for weather conditions, such as reducing speed on icy roads, increasing following distance in heavy rain or using headlights during fog.
If a driver fails to adapt to the weather and causes an accident, they are often still held liable. For example, a driver who was speeding on a snowy road and rear-ended another car would likely be considered negligent, even with the slippery conditions.
Collecting evidence for your claim
If your physical health allows, collect evidence after every accident. When weather factors into your accident, it’s especially important to document the scene.
Photos and videos of road conditions, weather patterns and vehicle damage can provide valuable evidence. Witness statements and police reports often include observations about the weather, which can help confirm your account.
For example, if you claim another driver lost control on an icy road and hit your vehicle, photos of the road’s condition or skid marks could strengthen your case. Similarly, a police report noting low visibility due to fog may explain why a driver didn’t see your vehicle in time to avoid a collision.
To maximize your chances of a successful claim, follow these steps:
- Document everything: Take photos of the scene, weather conditions and damage to any vehicles involved. Try to take photos from multiple angles. If you’re injured, document your injuries and consider keeping a journal to document medical appointments, pain levels, medications and more.
- File a police report: Call law enforcement to report the accident. This is helpful documentation for your claim. Ensure the report includes details about the weather and its potential impact.
- Consult an attorney: Working with a personal injury attorney can help you the compensation to which you’re entitled. The Law Offices of Tim Misny can help you counter insurance company defenses and build a strong case.
While bad weather can complicate car accident claims, it doesn’t eliminate liability. Drivers are still responsible for operating their vehicles safely, regardless of the conditions. If you’ve been involved in a weather-related car accident, call the Law Offices of Tim Misny today.
Discuss your claim with an Ohio accident attorney
The Law Offices of Tim Misny can help you with your accident claim. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.