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California Laws for Driving in Fog or Heavy Smoke

The more conspicuous that your car is, the more likely it is to be seen on the road. Drivers being able to see you reduces the chances of another driver hitting your car, especially at night. According to the National Highway Transportation Safety Administration, only about 25% of all vehicles are on the road at night, but 50% of all traffic accidents occur after sundown and before dawn. Some cars are have driving lights that increases their conspicuity after sunrise. Some drivers even drive with their headlights on during broad daylight. In either case, it’s a sound practice because anybody on or about the roadway is more likely to see you.

California’s Headlight Law

The law regarding headlights on California roadways is found at CVC 24400. It’s clear and unambiguous. In pertinent part, it states as follows: “A motor vehicle, other than a motorcycle, shall be operated during darkness, inclement weather, or both, with at least two lighted headlamps …” Under the statute, inclement weather would be a condition that “prevents the driver of a motor vehicle from clearly discerning a person or another motor vehicle on the highway from a distance of 1,000 feet.” In the alternative, it’s also a condition requiring a driver’s “windshield wipers to be on in continuous use due to rain, mist, snow, fog or other precipitation or atmospheric moisture.”

Heavy Rain, Snow, Fog, or Smoke

Just don’t drive if you don’t need to in heavy rain, snow, fog or smoke. If you find yourself in fog, slow down, turn your headlights and wipers on. Your headlights should be at low beam. High beams will just reflect back at you and make conditions worse. If weather conditions affect driving conditions, you might consider pulling over and turning on your emergency flashers until conditions improve.

Recent Hwy. 152 Closure Due to Fog

It was only last week that CHP needed to close Hwy. 152 in Madera County because of multiple fog-related accidents. Visibility during those accidents was only 50 to 100 feet. At one intersection, there were three separate accidents. There were so many crashes that CHP units outside of the area were getting calls for assistance.

Err on the Side of Caution

Use caution when driving in fog or smoke. Don’t just consider your own safety, but consider the safety of others who are on or near the roadway too. Drivers who fail to exercise due care and caution under the circumstances and cause a personal injury accident can get tickets. Claims or lawsuits might be brought against them for damages too. You might be using appropriate care under the circumstances, but still, another driver might be ignoring those same conditions and crash into you.

Contact a California Car Accident Lawyer

If you were injured in a fog-related accident as a result of the negligence of another driver, contact our offices here at Maison Law as soon as you can for a confidential and free consultation and case review. You can tell us how your accident occurred and how it affected you. You’ll have questions, and we’ll answer them too. Then, we can discuss your legal options. No legal fees are even due unless we obtain a settlement or award for you. Make that call right away.