Introduction
Rain is a factor in approximately 21% of all vehicle crashes, causing over 5,000 deaths and 418,000 injuries annually according to the Federal Highway Administration. When weather contributes to an accident, determining liability becomes more complex. Drivers have a duty to adjust their driving to conditions, and failure to do so constitutes negligence even when rain is a contributing factor.
This comprehensive guide covers driver duties in wet conditions, how weather affects liability determinations, common rain-related accident causes, and recovering compensation when poor weather was a factor.
Weather never excuses negligence. We'll help you understand how liability works when rain contributes to a car accident.
Driver Duties in Wet Conditions
Drivers must adjust their speed and following distance for wet road conditions. This is a fundamental duty that applies whenever weather affects road safety. A driver who maintains highway speed in a downpour is negligent, regardless of the posted speed limit.
Following distance must increase significantly on wet roads because hydroplaning can occur and stopping distances extend considerably. Following at the same distance as dry conditions demonstrates negligence if it contributes to a rear-end collision.
Headlights must be used when visibility is reduced. Most states require headlights whenever windshield wipers are in use. Driving without lights in rain reduces your visibility to other drivers and may constitute negligence.
Tires must be properly maintained with adequate tread depth. Worn tires are far more likely to hydroplane. A driver with bald tires who loses control in rain bears responsibility for failing to maintain their vehicle.
How Weather Affects Liability
Weather explains how an accident happened but does not excuse negligent driving. Courts hold drivers responsible for failing to adjust to known conditions. A driver who knew it was raining had a duty to slow down and increase following distance.
If both drivers were operating appropriately for conditions, a sudden loss of traction may be considered an unavoidable accident. However, this defense rarely succeeds because most drivers do something wrong, whether speeding, following too closely, or failing to maintain their vehicle.
The at-fault driver cannot blame rain for their negligence. Arguing "I lost control because of the rain" actually admits negligence because the driver should have adjusted their driving to prevent loss of control.
Comparative negligence may apply if both drivers failed to adjust to conditions. If you were also driving too fast for conditions, your recovery may be reduced by your percentage of fault.
Common Rain-Related Accidents
Hydroplaning occurs when tires lose contact with the road surface and ride on a layer of water. Hydroplaning is preventable through reduced speed and proper tires. A driver who hydroplanes into another vehicle bears responsibility for failing to prevent it.
Rear-end collisions increase dramatically in rain because following drivers fail to account for longer stopping distances. The following driver is liable for these crashes just as in dry conditions.
Reduced visibility accidents occur when drivers cannot see other vehicles, stopped traffic, or road hazards until too late. Drivers must slow down when visibility is reduced so they can stop within the distance they can see.
First rain after dry spells is particularly dangerous because oil and debris on the road surface create extremely slick conditions. Experienced drivers know to exercise extra caution during these conditions.
Proving Negligence in Rain Accidents
Evidence of the other driver's speed proves they failed to slow for conditions. Witnesses, accident reconstruction, and electronic data from the vehicle can establish speed. Even driving the posted limit may be negligent in heavy rain.
Following distance evidence from witnesses, dashcam footage, or accident reconstruction shows whether the following driver maintained safe distance for wet conditions.
Vehicle maintenance records may reveal worn tires, bad brakes, or other conditions that contributed to loss of control. The driver's failure to maintain their vehicle is additional evidence of negligence.
Weather records document the conditions at the time of the accident. Heavy rain, poor visibility, and wet roads establish that an ordinarily prudent driver would have slowed down.
Insurance Company Weather Defenses
Insurance companies frequently argue that rain caused the accident rather than their driver's negligence. Don't accept this argument. Weather creates conditions drivers must respond to, not an excuse for negligent driving.
Adjusters may claim the accident was "unavoidable" due to weather. Challenge this by showing their driver was speeding, following too closely, or otherwise failing to adjust to conditions that were obvious and known.
If the insurance company argues you share fault for driving in rain, point out that their driver was also driving in the same conditions but failed to do so safely. Merely being on the road in rain is not negligence.
Frequently Asked Questions
Conclusion and Next Steps
Rain affects liability only to the extent drivers failed to adjust to conditions. A driver who loses control in rain or rear-ends another vehicle bears responsibility for negligent driving. Weather explanations are not excuses.
The most important steps you can take right now are: document weather conditions at the time of the accident, photograph the scene and vehicle damage, get witness contact information, obtain the police report, and seek medical attention for any injuries.
If you've been injured in a rain-related accident, contact a qualified car accident attorney for a free case evaluation. Don't let the insurance company blame weather for their driver's negligence. An experienced attorney can prove the other driver failed to adjust to conditions and recover full compensation for your injuries.