Ventura County, CA sees up to 7” of rain per year. However, recently it has seen a significant increase in the amount of precipitation, which increased the risk for an accident. Many more people in Southern California found themselves on dangerous roads during historic floods. This has brought up the question: who is at fault if bad weather was a factor during an accident?
Even though wet weather can cause dangerous driving conditions, it is still up to each driver to operate their vehicle safely and adjust their driving techniques for the current road conditions. Additionally, drivers should abstain from driving in the most severe weather conditions. Drivers are responsible for making the safest choice, and have a legal obligation to show care to other drivers.
Unfortunately, even if you take precautions, you still have to share the road with others who might not. If you have been in an accident during a rainstorm or other bad weather and suffered damages, then contact the King Law Firm. You may be entitled to compensation under the California personal injury statutes.
How Weather Events Impact Roads
Weather can impact a road and vehicle maneuverability in many ways.
Vision Problems
Wind-blown snow or debris can obstruct roads as well as vision, increasing the risk of an accident. Fog makes it very difficult to determine distance between oneself and other vehicles. Bad squalls can pour sheets of rain so thick that windshield wipers can’t keep up, making it very hard to see other cars. Lane lines under water can make it very hard to see lane demarcations.
Vehicle Performance
Cars are not designed for water use. The ensuing mechanical problems affect your spark plugs, fuel system, connection rods, and/or catalytic converter.
Pavement Friction
Good traction is essential to prevent vehicles from sliding on the road, and tires from spinning. Friction is essential for safe turning, stopping and decelerating. Lanes that are submerged under water not only reduce pavement friction, but rising waters can make a car stall and shut off.
Road Conditions
Myriad issues can come up when there’s bad weather. Traffic moves slower, which makes people more frustrated, which makes them drive more aggressively. Wind can knock debris onto the road from fallen tree branches or from construction sites. Traffic lights go out or start blinking, forcing all drivers to cooperate carefully at intersections. All of these conditions on roadways can contribute to causing an accident.
Liability in Your Weather-Related Accident
One of the most important things your attorney does is establish negligence on the part of the other driver. Drivers owe each other a duty of care, whether they drive a car, truck or motorcycle.
Car Accident
Usually the liable party in a car accident is the driver who caused the accident, whether by breaking a law or by failing to use caution when driving. In order to determine who is at fault for the accident, your car accident lawyer will investigate your case by examining all available evidence taken from witness testimonies, photos from the accident scene and, sometimes, expert witness testimony by an accident reconstructionist.
Truck Accident
Unlike car accidents, with trucking accidents the employer or company could be held liable for your injuries. This is due to a legal doctrine called respondeat superior.
If the truck driver was breaking a law at the time of the accident, then they can be held liable for your injuries. If they were speeding, or failed to conduct required brake and tire checks to ensure all equipment functioned properly, then they can be held liable.
Another potentially liable party is the manufacturer of the truck, or the designer. If the car was produced with a faulty brake system, for example, that prevented the truck from performing as safely as possible, then they may be held responsible for the crash.
Because these cases can get complicated very quickly, it’s best to contact your truck accident lawyer right away to start an investigation into the true cause of the trucking accident.
Motorcycle Accident
Because motorcycles don’t have the stability of a four-wheel vehicle, they are more likely to lose balance if there are dangerous road conditions. Just like other drivers, motorcyclists need to obey the law and take caution when driving in wet weather. Otherwise, they may be held accountable for the motorcycle accident and require the services of motorcycle accident lawyers in California.
Tips for Driving in Adverse Weather Conditions
The rainiest months in Ventura County are January (5.4 days), February (5.3 days) and March (6 days). However, much more rain in early 2023 surprised drivers in the area. Here are some helpful tips to help you avoid an accident.
- Because slick roads are harder to stop on, you should give yourself adequate time and space to slow to a stop.
- Look out for pedestrians and bikers, who are usually harder to see in the rain.
- Put together a road emergency kit that includes a cell phone charger, flashlight, and a raincoat.
- When you see flooding on the road, turn around. It only takes 12 inches of water to make a car float away, and 24 inches for trucks. Water is very powerful and can travel rapidly. Flash floods can develop within minutes and overwhelm underpasses and underground parking garages.
Contact Our Law Firm Today
If you are wondering who is at fault when a car accident, motorcycle accident, or truck accident is caused by bad weather conditions, or have other questions about your claim, then contact the King Law Firm at (805) 448-4306.Â
First, we bring you in for a free case review. This is your opportunity to ask us questions about the legal process and bring us any evidence you have so far, like photos from the scene of the accident and medical bills.
If we determine that you have a valid claim, then begin building your claim, talking to witnesses, and investigating your case. You do not pay a fee unless we recover compensation for you. Call us now for your risk-free consultation with a personal injury attorney in California.