It Wasn't My Fault, the Snow Caused My Car Accident!

Winter storms threaten drivers with spinouts, accidents, and injuries. The consequences of a car accident can upend your life through medical bills, vehicle damage, and higher insurance rates. If you’re responsible for the car accident, you could be liable for tens of thousands of dollars in car repair and medical expenses.

Legal liability in most motor vehicle accidents depends on who is at fault. Either or both drivers can be the cause of a car accident. But what if that accident is partially caused by the winter weather’s icy roads or black ice?

Car accident claims vary by state. To find out how snowy conditions impact auto insurance claims, talk to a local car accident lawyer.

Negligence for Car Accidents in Bad Weather

Liability in car accidents is based on negligence. A negligent driver is responsible for a car accident if they are not operating the vehicle as a reasonable driver. The same standards apply when driving conditions are more dangerous because of bad weather or road conditions. If you are driving through a snowstorm, you must drive like a reasonable driver in the same conditions.

Reasonable drivers generally understand that driving in freezing rain on slippery roads is more dangerous. A reasonable driver should drive more slowly, leave a greater following distance, or just stay off the road. If you get into an accident in icy conditions, you will be liable if you were driving negligently.

“Defendants have tried to use the weather as a defense,” says Boston personal injury attorney Samuel Segal. “I haven’t seen it used successfully. The counter to that argument is that the driver should have left enough time to slow and stop despite the weather conditions.”

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Comparative Negligence Rule for Car Accident Liability

Determining the at-fault driver in a car crash depends on which driver was negligent. In some accidents, both drivers share fault for causing the accident. In a car accident lawsuit, the court determines negligence based on several factors, including police reports, auto insurance findings,

Based on comparative fault, the court can reduce your compensation by your level of fault. For example, you suffer $10,000 in car repair bills after a car accident in a snowstorm. The jury finds you were 10% responsible for following too closely. You can recover up to $9,000 in compensation, minus $1,000 for your comparative fault.

Though most states use comparative negligence in car accident case, there are different comparative negligence rules. States generally follow one of the following rules for contributory and comparative fault:

1. Pure Contributory Negligence States

Under contributory negligence, if you have any fault for causing the accident, you can’t recover any damages. This has very harsh effects on drivers with any level of fault. Only a few states follow this rule.

2. Pure Comparative Negligence States

With pure comparative negligence, the court reduces your damages directly by your level of fault.

For example, you rear-end a driver during a snowstorm and your damages are $10,000. If you are 99% responsible for the crash, you can still recover damages, but your compensation is only 1% of the award — $100. Several states follow the pure comparative fault standard.

3. Modified Comparative Negligence States

Under modified comparative negligence, the driver’s share of fault reduces their damages, but they can only recover compensation if they are less than 50% at fault. There are a couple of versions of modified comparative negligence:

• 50% fault. If you are 50% or more at fault, you cannot recover damages.
• 51% fault. If you are more than 50% at fault, you cannot recover damages.

For example, you are tailgating a driver in icy conditions, but the other driver is sending text messages while driving. You suffer $10,000 in damages. The court finds that both drivers are equally at fault for the accident (50-50). In 51% bar states, you can recover $5,000 in damages. In 50% bar states, you cannot recover any compensation.

“Even if the weather is partly to blame for a rear-ender in the snow, the driver may be 50% at fault, and the weather may be the other 50%. If the driver shares any of the blame, they will be on the hook completely,” says Segal.

Determining Fault in Winter Weather Car Accidents

Visibility issues can also cause accidents when the weather turns. However, even with low visibility, you will still hold the blame for hitting another car because you should be proceeding more cautiously.

If the accident involves two moving cars, and the weather is part of the cause, the liability is still based on who is more at fault. The jury allocates fault based on a 100% total. Your compensation will depend on the state’s contributory or comparative fault standard.

Weather-related accidents don’t affect solely private citizens, either. “I had a case with a snowplow hitting one of my clients, who was also driving a truck for private plowing,” says Segal. “A city snowplow came through an intersection without its lights on—through a red light—and smashed into my client, who had the green light. It was snow plow-on-snow plow violence. Even though the city snowplow claimed they had the right of way, we got him a good recovery.”

Find Experienced Help With an Experienced Car Accident Attorney

If you are in an accident where road conditions are less than optimal, claiming that the weather caused the accident will generally not work as a defense. If another driver caused the accident, you can recover fair compensation from the at-fault driver.

Damages in a car accident lawsuit can include medical bills, lost wages, property damage, and pain and suffering. An experienced personal injury lawyer can review your case and help you get compensation to pay for your injuries. Contact a local car accident attorney with experience handling bad-weather car accidents.