Proving Liability in Weather-Related Accidents

Weather can wreak havoc on our roads, transforming ordinary commutes into treacherous journeys. When accidents occur amidst snowstorms, torrential rain or blinding fog, determining fault can become a complex legal challenge. 

In What Type of Weather Do Most Collisions Occur?

While all types of adverse weather can increase the risk of accidents, rain is statistically the leading cause of weather-related collisions.

How Is Fault Determined When Bad Weather is Involved?

Determining fault in a weather-related accident can be challenging. While weather conditions play a significant role, it’s crucial to remember that drivers must exercise reasonable care under the circumstances.

Here are some key factors considered when determining who is at fault:

• Speeding: Exceeding the speed limit in adverse weather conditions is a significant factor in many accidents.
• Following Distance: Maintaining a safe following distance is critical, especially in slippery conditions.
• Tire Condition: Bald or worn tires significantly reduce traction, increasing the risk of accidents.
• Failure to Yield: Right-of-way violations can contribute to collisions even in clear weather.
• Distracted Driving: Using a cell phone or engaging in other distractions while driving is always dangerous, but particularly so in adverse weather.

Who is Liable When Bad Weather Causes an Accident?

Liability in weather-related accidents is not always straightforward. While weather conditions can contribute, they do not automatically absolve drivers of responsibility.

• Driver Negligence: If a driver’s actions, such as speeding or distracted driving, significantly contributed to the accident, they may be liable.
• Roadway Hazards: In some cases, government entities may be liable for failing to adequately maintain roadways during inclement weather. 
• Third-Party Negligence: If a third party, such as a negligent truck driver or a poorly maintained vehicle, contributed to the accident, they may be liable.

Contact Eisenberg Law Offices for Personal Injury Representation in Wisconsin

Proving liability in a weather-related accident requires careful investigation and experienced legal representation, especially when the accident occurred during inclement weather. Eisenberg Law Offices has a proven track record of success in personal injury cases in Wisconsin, including those involving bad weather liability. If you or a loved one has been injured in a weather-related accident, contact Eisenberg today for a free consultation. Our experienced personal injury attorneys can help you understand your legal options and pursue the compensation you deserve. 

Contact Eisenberg Law Offices today!  Schedule a free and confidential case consultation by calling (608) 256-8356 or emailing info@eisenberglaw.org.