Can I Still File a Claim if the Accident Was Caused By Weather Conditions?
In 2023, The Volunteer State experienced over 178,000 car accidents, highlighting the hazards of traveling within the state. If you were in an accident caused by inclement weather or poor road conditions in Tennessee, you might think that you are “out of luck” as far as pursuing damages. You may think that you bear the burden of paying for your medical bills on your own, even if the other driver hit your vehicle.
While it is still possible to prove the liability of the at-fault driver when bad weather causes a crash, it may be more difficult to recover the entirety of your damages. Slippery or low visibility conditions make it all too easy for other drivers to blame road conditions in an attempt to negate their own accountability. In this blog, our Nashville car accident lawyers discuss how auto insurers determine liability when Mother Nature appears to be the culprit.
Speeding
Posted speed limits apply to ideal conditions, not during inclement weather. It is recommended that motorists reduce their speed by one-third on slippery or wet roads and by 50 percent or more on snow packed roads. Additionally, anytime visibility is compromised, you should reduce your speed, which also means that you should ease up on the gas when driving in foggy conditions.
Following Distance
Slippery conditions require drivers to maintain a greater distance between their vehicles and other cars. While the responding police officer may not be able to determine how far away you were from a lead vehicle, an insurance investigation is bound to uncover the truth. The general rule of thumb is to leave one car length for every 10 miles per hour of speed, leaving four car lengths between you and the lead driver during bad weather.
Vehicle Condition
Failing to properly maintain your vehicle is considered negligence. This especially applies if your vehicle’s condition contributed to the crash. Routine inspection of your brakes, tires, and brake lights is essential to staying safe on the road. If you find that your tire treads are low or you need to press down harder to brake, then you should have your vehicle serviced. These preventive measures, while costly, can save you a tremendous amount of money in the long run.
Headlight Usage
TN Code §55-9-406 stipulates that headlights must be used half an hour after sunset and half an hour before sunrise, including during inclement weather. In general, headlights must be on when lighting conditions are inadequate to see a person 200 feet in front of your vehicle. Additionally, when headlights are in use, a motorist is required to also utilize windshield wipers.
Act of God
Sometimes, fault for a crash during bad weather cannot be attributed to either driver. When each driver acted as a reasonable or prudent person would have given the same or similar circumstances, then negligence cannot be established. An accident caused by uncontrollable weather patterns or conditions that do not stem from either driver’s negligence, known as an Act of God, will require neither driver to pay. Although rare, the Act of God defense is more likely to apply during natural disasters such as hurricanes, tornadoes, or floods.
Contact Our Nashville Car Accident Attorneys Today
Given the hazardous driving conditions caused by rain, snow, sleet, ice, and fog, it can often be more challenging to prove the other driver’s liability. Even if bad weather was the main cause of your crash, you still deserve compensation for your injuries. At Raybin & Weissman, our Nashville car accident lawyers are available to gather the evidence you need to win your case. To arrange your no-risk, free consultation, contact our office online or give us a call today.