When storms roll in, the roads become more dangerous. Rain, snow, fog, ice, and even high winds can all increase the risk of car accidents. But when the weather is clearly to blame, it raises a tricky legal question: who is responsible?
While bad weather may set the stage for a car accident, the driver’s decisions and the condition of their vehicle still play a crucial role. Liability in these situations often hinges on how each party responded to the conditions surrounding them.
Bad Weather Isn’t an Excuse for Negligence
Approximately 21% of car crashes in the U.S. are caused by bad weather, according to the Federal Highway Administration. This translates to roughly 1.2 million accidents annually. These weather-related accidents cause an average of nearly 5,000 fatalities and over 418,000 injuries each year.
It’s tempting to chalk up crashes like these during a snowstorm or downpour to “just bad luck.” But in legal terms, weather doesn’t automatically excuse a driver from responsibility.
Drivers have a duty to operate their vehicles as safely as possible, whatever the road conditions may be. That means adjusting speed, increasing following distance, and using headlights when visibility drops. Failing to do these things, even in poor weather, can be considered negligent.
For example, if someone rear-ends another car in the rain because they were going too fast to stop in time, the wet roads won’t relieve them of liability. They still had a legal duty to drive at a safe speed.
Courts expect drivers to take the weather into account, not to ignore it. In other words, bad weather makes it more important, not less, to drive cautiously.
Shared Fault in Weather-Related Accidents
In many cases, liability isn’t all-or-nothing. Multiple drivers may share responsibility for what happened, especially in multi-car pileups on icy roads or highways during dense fog. If one driver spins out and another car slams into them, investigators will look at each party’s actions.
Did the second driver leave enough space? Were they driving too fast for the visibility?
If so, the fault may be split.
States handle shared fault differently. In some states, like California, liability is divided based on comparative negligence. This means each party’s share of the blame reduces their compensation proportionally. In West Virginia, a driver who is more than 50 percent at fault may be barred from recovering anything at all.
Because of this variation, local laws often influence how these cases are evaluated and resolved.
Can Poor Road Maintenance Affect Liability?
Sometimes, the weather only exposes underlying problems with the road itself. If a city or state fails to plow a major street or leaves a known drainage issue unresolved, and that leads to an accident, the government entity might be partially liable. Similarly, if traffic signals malfunction due to storm damage and officials don’t respond promptly, liability could extend beyond the drivers involved.
Holding a government agency accountable isn’t easy. There are strict procedures and timelines for filing claims, and sovereign immunity laws often limit the kinds of lawsuits that can proceed. Still, if poor maintenance played a role in worsening the danger, it’s worth investigating whether a public entity should share responsibility.
Commercial Drivers Face Higher Expectations
Drivers of commercial vehicles, including trucks, delivery vans, and buses, face stricter legal obligations during poor weather. Federal regulations require these drivers to reduce speed during hazardous conditions and even pull over entirely if continuing would be unsafe.
Failing to follow those rules can make both the driver and their employer liable if a crash occurs.
A trucker who barrels down the highway during a snowstorm because they’re behind schedule could be held responsible, even if ice on the road was a contributing factor. Employers might also be held accountable for encouraging risky driving behavior or failing to maintain their vehicles for weather readiness.
This could include worn tires, malfunctioning wipers, or ineffective brakes, all of which become critical in extreme weather.
Technology and Evidence
In the aftermath of a weather-related crash, determining liability often requires a detailed look at the facts. Investigators review things like dash cam footage, vehicle black box data, and eyewitness accounts. These sources can reveal whether a driver braked too late, made an unsafe lane change, or failed to use lights in low visibility.
Weather reports and traffic alerts from the time of the accident can also help clarify what kind of conditions the drivers were facing. If a storm was well-predicted, and a driver ignored advisories, that may weigh against them. On the other hand, if a microburst or flash flood occurred without warning, the situation may be viewed differently.
What Happens If No One Is Clearly at Fault?
In some rare instances, a crash may be ruled an unavoidable accident. This can happen when weather conditions are so sudden and severe that even the most cautious driver would have had no way to avoid the crash. For example, if a tree falls across a highway during a storm and causes a pileup, liability may not fall on any driver.
Even in those cases, insurance can still come into play. Drivers may be able to recover damages through their own collision coverage or uninsured motorist policies, depending on the situation. However, when no one is found at fault, pursuing a legal claim becomes far more difficult unless another responsible party emerges.
How Drivers Can Reduce Risk and Protect Themselves
Driving in bad weather always carries risks, but smart choices can reduce both the chance of a crash, as well as the chance of being held liable. Slowing down, avoiding sudden maneuvers, turning on headlights, and maintaining good tire and brake condition are all essential habits. When conditions become truly hazardous, pulling over or delaying travel might be the safest option.
For those involved in a crash, gathering evidence immediately can make a big difference. Taking photos of the scene, road conditions, and vehicle damage can help investigators understand what happened. Documenting the weather with time-stamped images or videos can also support later insurance or legal claims.
Legal Help Can Be Essential in Weather-Related Cases
Because liability during bad weather accidents can be so complex, many drivers benefit from speaking with an attorney, especially if they suffered serious injuries or damages. A lawyer can help assess whether the weather was truly to blame or whether another driver, a trucking company, or even a city agency failed to take reasonable precautions.
Legal professionals often work with accident reconstruction specialists and insurance adjusters to understand how and why a crash occurred. Their insight can be especially valuable when shared fault or unusual road conditions muddy the picture.
How DiPiero Simmons McGinley & Bastress, PLLC, Can Help
While weather can contribute to a collision, it rarely absolves drivers or other parties of responsibility. Courts expect everyone on the road to adjust their behavior when conditions change. If someone fails to do that—whether they’re a commuter, a trucker, or a city street maintenance crew—they may be held liable for what follows.
At DiPiero Simmons McGinley & Bastress, PLLC, we understand that safe driving is always important, but it becomes absolutely critical during storms, fog, and snow. When an accident occurs, liability depends on whether the people involved did everything they could to protect themselves and others.
Weather may complicate the picture, but accountability remains at the center of every crash investigation.
If you’ve been involved in a weather-related accident, we can help.
