Fort Lauderdale Criminal Defense & Personal Injury Attorneys
Bad Weather and Liability in Car Accidents

Bad Weather and Liability in Car Accidents

Drivers must deal with all sorts of changing conditions on the roads every day. One of the most changing conditions that they must face is a wide array of weather events. The U.S. Department of Transportation Federal Highway Administration reports that nearly 5,000 people are killed and over 418,000 people are injured in weather-related crashes each year.


When these types of crashes do occur, it may leave a few questions regarding who is responsible for damages. Below, we discuss how adverse weather may impact liability in the event of a car collision.

Driving With a Duty of Care

Drivers are expected to drive with a duty of care that keeps in mind weather conditions. This means that, during times of inclement weather, drivers have an extra responsibility to adjust their driving habits accordingly.


For example, it may be expected that a safe, reasonable driver would go no faster than the speed limit on a day when weather conditions are normal. However, during times of intense downpour, visibility may be extremely hindered and roads may be more dangerous. A reasonable driver would adjust their behavior accordingly by going below the speed limit and putting extra room between cars.

Determining Liability

There are many different factors that may be taken into consideration when it comes to determining car accident liability. The weather at the time of the accident is simply one factor that can be added to the liability equation.


Your attorney and the insurance company will need to know answers to a few different questions in order to determine if the driver was responsible or not, such as:

  • Was the motorist driving at a reasonable rate of speed according to the weather conditions?

  • Was the event of weather known? Or, was it an unexpected occurrence?

  • Did the driver maintain a safe distance behind other vehicles?

  • Could the driver have avoided the accident?

Tips for Driving in Adverse Weather

Remember, the best way to avoid having to deal with car accident liability is taking extra precautions to avoid a collision in the first place. While we don’t get snow or icy roads here in Florida, drivers should follow a few tips to help prevent accidents during times of heavy rain:

  • Double-check your car’s equipment

  • Slow down

  • Turn on your headlights

  • Use your windshield wipers

  • Maintain a safe distance between cars

  • Watch out for standing cars

  • Let off the gas when hydroplaning


If you or a loved one is injured in a weather-related car accident, turn to the hard-hitting personal injury attorneys at Rudenberg & Glasser. Our dedicated legal team will leave no stone unturned as we review each detail of your case to determine who caused your accident and then fight hard for your financial recovery.

Contact our Fort Lauderdale firm at (954) 543-1788 to schedule your free consultation!

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