Whether it’s a foggy day in Fresno or an icy day up in the mountains, California weather can contribute to traffic accidents. But investigating officers don’t usually blame Mother Nature for a crash.
California drivers are expected to slow down as much as needed to avoid crashes on a rain-slicked road or a lane suddenly covered in hail. When motorists don’t show caution and cause an impact, they are often responsible for the damage they cause.
Unfortunately, officers can get it wrong on an accident report and blame you after you were struck by someone going too fast on a windy or rainy day. A skilled attorney can help you gather evidence to show who was really at fault. If you’ve been injured and someone caused your accident, contact Maison Law for a free case consultation to find out how to emerge with the recovery support you need.
Avoiding Accident Liability in California Storms
In California, the posted speed limit isn’t always the legal speed limit when bad weather hits. Drivers are always required to travel at a speed that’s “safe for conditions,” no matter what a speed limit sign says.
That would mean going only fast enough to still allow complete control on a snowy lane or along a flooded street. This precaution is usually enough to prevent accidents. So when a collision happens, officers will often automatically charge the person who slid into someone else. They’ll assume the driver was going too fast for conditions, leading to a loss of control.
This basic speed law is explained in the California Vehicle Code (CVC).
“No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.”
Drivers in turbulent weather are also required to turn on their headlights when visibility is reduced.
“(1) A condition that prevents a driver of a motor vehicle from clearly discerning a person or another motor vehicle on the highway from a distance of 1,000 feet.
(2) A condition requiring the windshield wipers to be in continuous use due to rain, mist, snow, fog, or other precipitation or atmospheric moisture.”
Proving Another Driver Was Going Too Fast in the Rain
Reckless drivers who cause accidents during storms can be held liable for several hardships caused to victims. They would be responsible for all of a victim’s medical bills, both current expenses and those potentially in the future. A personal injury claim would also ask for compensation to cover every day of work/income missed by the victim. The pain and emotional trauma caused to an injured patient would also need to be covered.
These damages are all reasonable to ask, but first, the victims must make sure the fault stays with the right driver. If the at-fault driver’s insurance adjuster is allowed to shift blame to victims, patients might end up having to blow through their own savings to pay hospital bills.
The best way to make sure the fault stays with the right driver will be to back your case with powerful evidence. Your lawyer helps you collect this proof of what happened, but the strongest evidence is often found at the scene minutes after a crash.
If you are left strong enough, and it’s safe to get out of your car, try to complete these steps and collect these pieces of important evidence:
- Contact 911. Ask for an ambulance if you or someone else is hurt.
- Get your injuries fully examined by paramedics. Go to the local ER if they feel you should. If you must leave the scene, ask someone with you, or a helpful witness, to gather a few pieces of evidence for you.
- Take photos of the surrounding scene. Show the damage to both vehicles in close-ups and wide shots. Show where the vehicles ended up. Show any markings left on the pavement, or paths carved through the snow or ice. Take pictures of any visible injuries.
- Take notes on what happened. Note the time of day, the temperature, and the weather.
- Get witness contact information.
- Swap information with the other driver unless a California Highway Patrol officer or a police officer provides it to you.
- Give police officers a full rundown of what you observed as the accident took place. Mention the involvement of a wet, icy road, or thick fog.
Turn this information over to a skilled attorney so they can get to work securing the officer’s accident report. They’ll want to interview witnesses for testimony. Our experienced car accident lawyers might also hire an accident reconstruction team when an insurer wants to dispute who caused a rainy day collision.
When to Contact a Lawyer
If your accident in bad weather was caused by another driver, and you emerged with serious injuries, it’s a good sign to call a lawyer. A serious injury in a car accident can include bone fractures, back and neck injuries, or a Traumatic Brain Injury. Basically, any injury that doesn’t go away in a few days.
The difference when a serious injury is involved is that a settlement will need to go much further to cover the higher medical costs and your additional lost paychecks at work. The additional expenses will make insurers fight harder against accepting blame.
This is when a lawyer backing your case with evidence can really help you earn more. And you may need every penny to pay for a full recovery and support yourself while you can’t work.
Take advantage of a free case review with a real lawyer at Maison Law to stay informed of all of your options. There’s no obligation for your free case review, but if you do need our help, you don’t have to stress about how a lawyer will get paid. Maison Law doesn’t get an attorney’s fee unless we win your case for you. Then our fee comes out of the settlement money you and your family receive.
