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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Our Victories

  • Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

    Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.

  • Domestic Violence
    Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
  • Domestic Violence With 911 Call and Pictures
    Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
  • False Arrest

    Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

    Read more about this story on the Sun Sentinel.

  • Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

    Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.

  • Felony DUI: Client was in an Accident and Left the Scene
    Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
  • Final Injunction Hearing
    Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
  • First-Degree Misdemeanor: Resisting Police Officer Without Violence
    Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
  • First-Degree Misdemeanors: DUI & Possession of Cannabis
    Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
  • $250,000 Pre-Trial Personal Injury

    Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

What Our Clients Are Saying

We go above and beyond to be there for clients to provide them with the best outcome possible.
  • “It's nice to know that you actually cared and it didn't seem like this case was just another folder.”

    John J.

  • “If anyone, family or friends, should get into trouble we know who to call!”

    Parent of Charles C.

  • “He Went Out of His Way to Go the Extra Mile”

    David

  • “A great legal team”

    A. T.

  • “I’ve used Mike and Eric for my cases since 2012.”

    J.R

  • “They will give you honest, truthful, realistic counsel and they will fight hard for you; as they did for me.”

    Donovan

  • “Worked with me through every step of the case and got my name cleared!”

    N.S.

  • “Michael jumped through hoops to give me the defense I deserved and I will always be grateful. Michael and Eric are not just Lawyers, they are friends and will look out for your best interest!”

    G.W.

  • “The amount of respect and empathy Attorney Rudenberg has for his clients can not be described in words.”

    C J

  • “Professional, Reliable and Supportive”

    DG

  • “Proved to be the best legal team there is! They not only helped me avoid jail time, but got my probation terminated the same day!”

    Dallas B.

  • “THE BEST ATTORNEY”

    A. Ariel

  • “In My Eyes, He's the Best”

    Greg

  • “I Was Able to Have My Name Cleared”

    Domestic Violence Client

  • “Outstanding”

    Jonathan mujica