Can Weather Affect Liability in a Washington Car Accident?

Washington State is known for its treacherous winter weather, and when drivers fail to operate their vehicles safely in rain, snow, sleet, or fog, serious accidents can occur. While liability in a personal injury lawsuit is not based on the existence of bad weather alone, it can play a role in determining whether a driver acted reasonably under the circumstances and how fault is allocated. Critically, a weather related car accident can still result in liability if a driver failed to adjust their behavior to account for foreseeable road conditions.

Key Takeaways

Common Weather Conditions That Lead to Car Accidents

There are a wide range of weather conditions that can contribute to car accidents in Washington. Rain can mix with road oils, creating slippery surfaces which leads to hydroplaning. Rain can also turn into ice, reducing traction and increasing stopping distances. Notably, black ice can be particularly dangerous as it is not visible to drivers.

Snow accumulation can also result in hazards that increase the likelihood of an accident if a driver fails to operate their vehicle safely. It can obscure markings in the roadways, decrease visibility, hide potholes, and create uneven driving surfaces that reduce vehicle control. When a snowstorm is ongoing, it can create whiteout conditions which can result in zero visibility.

Additionally, dense fog and high winds can contribute to collisions. When fog is present, drivers may not observe hazards on the road ahead, which can lead to multi-vehicle pileups and head-on collisions. Heavy winds can lead to lane drift crashes, rollovers, sideswipes, and other types of crashes caused by loss of control of the vehicle.

How Can Weather Affect Liability in a Washington Car Accident?

Although you can’t hold the weather itself liable for a car accident, there may be another party whose negligence is to blame depending on the facts and circumstances. For instance, if a driver was speeding in a snowstorm or failed to exercise due caution in icy weather, they may be held accountable for their carelessness or recklessness. In inclement weather, a motor vehicle operator has a legal duty to drive safely, taking the weather conditions into account.

Some common ways liability can attach to a driver for a weather related car accident can include:

• Failure to adjust speed in low visibility conditions
• Following too closely on icy roadways
• Inadequate use of turn signals
• Unsafe lane changes
• Improper braking
• Driving with inadequate equipment
• Driving while texting, talking on the cellphone, or being distracted
• Operating a vehicle while impaired by drugs or alcohol

In addition, a municipality might be held to answer for poor road maintenance, inadequate drainage leading to ice accumulation on the road, or hazards it failed to address. A city, town, or government entity might also be liable for failure to warn of a known or foreseeable dangerous roadway condition. For example, if a part of the roadway has a history of recurring black ice, a municipality is obligated to take reasonable steps to warn about the condition, such as by posting a sign that states, "Bridge Ices Before Roadway.”

Liability may also fall upon a manufacturer in cases where a defective part or vehicle component contributed to the accident. If windshield wipers malfunction during a storm, sensor errors cause the system to fail to engage properly on icy roads, or a tire suddenly blows out due to a defect, the manufacturer may be named in a personal injury lawsuit.

Comparative Negligence in a Weather Related Car Accident

It’s common for the actions of more than one driver to contribute to a weather related car accident. Importantly, Washington follows the comparative negligence rule when it comes to determining liability in car crashes. This means that a car crash victim can still recover for their injuries in a personal injury lawsuit if they are partly at fault for the accident (as long as they are not 100% at fault). However, any compensation awarded would be reduced by their share of the blame.

In the event weather conditions caused fog that resulted in low visibility, and one driver was speeding while the other did not have their headlights on, fault for a collision could be apportioned between both drivers. In such a case, if a victim was 30 percent to blame, any monetary recovery would be reduced by 30 percent. This means that if they were awarded $100,000 for their damages, they would receive $70,000.

Contact an Experienced Washington Personal Injury Attorney

If you were hurt in a weather related car accident, it’s important to have a skilled attorney by your side who can protect your legal rights. With locations in Burien and Bellevue, Herron Law Office, PLLC is dedicated to helping car accident victims in Washington secure the maximum compensation they deserve for their injuries. We welcome you to contact us for a consultation to discuss your case by calling (425) 600-2580.