When an accident occurs during bad weather, it is often said the weather caused the accident. In the vast majority of cases, this is a completely misleading claim which attributes action to a weather condition, such as rain or fog. The reality is, except in those rare occasions known as “acts of God,” weather is not considered a cause in an auto accident.
An “act of God” carries legal weight and is rarely employed due to the largely unforeseeable nature of such events. An accident in fog does not meet the required criteria, as it is a foreseeable event in which motorists choose to drive. While foggy conditions may make driving conditions hazardous, it is the actions of the one or more drivers that are the usually the cause of an auto accident.
If you are driving in the fog and get into an accident it is important to determine who is liable. You may have a case for claiming compensation from the other driver if it is established he was liable in causing the auto accident.
Driving in Fog
As with any hazardous road condition, there are additional expectations of motorists when it comes to driving safely. Cars are even designed with fog lights to help motorists see each other in the fog. The most important safety measure, however, is slowing down to account for limited visibility. If you see a car in front of you at the last minute, and are driving at a reasonable speed for the conditions, you will most likely have time to stop.
When another driver collides with your vehicle in the fog, the question of liability will still apply. Was the other driver going too fast to account for limited visibility? Did the driver have low-beam headlights and window-wipers on in order to better see other vehicles? The answers to these questions, and any others which are relevant to the circumstances of the auto accident, will help establish liability.
There is no exact speed dictated for driving in foggy conditions. Each driver is expected to exercise due caution and react to adverse driving conditions accordingly. If, for instance, fog begins to become so thick it is impossible to see the road ahead or other vehicles, it is the responsibility of the driver to get off the road. If a driver continues to driver in conditions with zero visibility and subsequently collides with another vehicle, that driver is responsible for causing the auto accident.
Fog Accident Attorney California
Maison Law can represent you if you have been involved in an auto accident in the fog, which was caused by another party. We have extensive understanding of applicable California laws and can help you fight for the compensation you deserve in your case.
Martin Gasparian started Maison Law after a long career with Los Angeles’ oldest law firm. He brings the experience of a big firm lawyer down to a local level. Call Maison Law today if you want representation with compassion and integrity.
