Adverse weather and road conditions can contribute to car crashes that cause serious injuries.
But adverse weather alone doesn’t often cause accidents.
Who is responsible when weather and road conditions cause car accidents?
While it depends on the specific facts of the motor vehicle accident, drivers are largely responsible for driving safely and adjusting to all road conditions.
Digging deeper into the specific accident details can reveal the role that weather played and help identify other factors that contributed to the crash.
Does Bad Weather Excuse a Driver from Fault?
Wisconsin drivers have a legal responsibility to operate their vehicles at a speed that is “reasonable and prudent” for existing weather and road conditions on highways and rural roads.
In other words, bad weather does not automatically excuse a driver from blame for a crash.
If bad weather or road conditions make it unsafe to travel at the posted speed limit, drivers have a legal duty to use reasonable care and reduce their speed accordingly. For example, large trucks take much more distance to stop on wet pavement.
If a truck driver fails to adjust their speed to the wet conditions and causes a collision, the driver’s conduct may support a finding of driver negligence in Wisconsin personal injury cases.
When the Road Itself Is the Problem
In some cases, it is the condition of the road, not the bad weather, that makes driving unsafe.
Poor road conditions can raise questions about whether a government agency failed to maintain the road properly and should be held at fault for a crash.
While a city or county agency may be responsible for maintaining the roadway, Wisconsin law gives government agencies significant immunity from lawsuits. State law treats snow and ice on public roads similarly.
This is why, generally speaking, it is the driver’s responsibility to watch for dangerous road conditions and adjust accordingly.
Liability for a crash may depend on what caused the hazardous condition and what the responsible agency was required to do about it. Claims against government entities have special notice-of-claim requirements.
Having a personal injury attorney review the details of the accident and initiate a prompt investigation is important.
Common Weather Hazards in Wisconsin
Wisconsin drivers may face challenging weather conditions throughout the year.
Thunderstorms during peak summer storm months can quickly limit visibility, reduce tire traction, or affect a driver’s ability to stop safely on rain-slickened roads. Drivers need to adjust their driving in response to hazards like:
- Heavy rain
- Blowing snow
- Ice
- Freezing rain
- Heavy fog
- Strong winds
- Standing water and flooding
How LawtonCates Builds These Cases
Determining who is at fault in a weather-related crash requires looking beyond the conditions at the scene.
LawtonCates, S.C., can investigate how the collision happened, review available evidence, and identify the parties whose actions may have contributed to it.
This process may involve examining police reports, photographs, witness statements, the accident scene, and roadway maintenance records. Building a strong claim means separating unavoidable weather conditions from negligent conduct that may have caused or worsened the crash.
In some accident cases involving weather or road conditions, multiple motorists may bear some blame. Courts often assign fault to one or more drivers and use the Wisconsin modified comparative negligence system to determine the right to sue and recover damages.
Under the Wisconsin comparative negligence law, a person who is less than 51 percent at fault can still recover compensation for medical bills, lost wages, pain and suffering, and other accident-related losses.
Contact Our Wisconsin Car Accident Attorneys for a Free Consultation
If you have been seriously injured in a car accident in which weather or road conditions were a factor, turn to the team at LawtonCates, S.C., to protect your rights and explain your legal options under Wisconsin personal injury law.
Our law firm can investigate the crash to determine what happened and who was responsible for the harm you suffered.
Reach out right away to get started with a no-obligation consultation.
