Weather contributes to a significant number of motor vehicle collisions. If you were involved in a crash caused, at least in part, by poor weather, you must know how to protect your health, safety, well-being, and legal rights. At Hart Law, we are strong advocates for auto accident victims. Here, our Columbia auto accident attorney explains how adverse weather conditions can affect the claims process in South Carolina.
Poor Weather Conditions are a Factor in Many Motor Vehicle Collisions
Poor weather conditions significantly undermine highway safety. According to statistics from the Federal Highway Administration (FHWA), about one in five vehicle crashes annually are weather-related. For reference, that means that poor weather is a factor in around 1.25 million traffic collisions per year. Here are some of the most notable adverse weather conditions that can contribute to motor vehicle accidents in South Carolina:
- Rain: Rain is a highway safety hazard. The Department of Transportation (DOT) emphasizes that wet pavement “reduces vehicle traction and maneuverability.” Heavy rainfall also reduces visibility and makes it difficult for drivers to see road signs and other vehicles. Roads accumulate oil and dirt over time—which can create extremely slippery surfaces.
- Wind: High winds are particularly hazardous to high-profile vehicles like trucks and buses, as they can be pushed off course or even flipped over by strong gusts. Debris such as tree branches and other objects can be blown onto roadways. That can create obstacles that drivers need to avoid suddenly, with very limited warning.
- Fog: Fog reduces visibility—potentially dramatically so. Indeed, it can be difficult to see more than a few yards ahead, which can delay driver reactions to traffic signals and other hazards. Drivers in foggy conditions should use low-beam headlights to reduce glare. Unfortunately, fog-related collisions are a serious issue in our region.
- Snow/Ice: As a state in the Southeast, South Carolina is not exactly known for its winter weather. With that being said, Columbia and other regions in South Carolina can get snow, sleet, and freezing rain during the winter months. Drivers in our region often have relatively limited winter weather driving experience. The rate of accidents is significant.
Drivers Have a Responsibility to Operate Safely in All Weather Conditions
In South Carolina, all drivers have a fundamental duty to operate their vehicles in a safe, attentive manner—regardless of the weather conditions. Motorists must adjust their driving—from slowing down to using the proper headlights to leaving additional following distance—to account for the weather conditions. Indeed, adverse weather—such as rain, snow, ice, fog, and high winds—can require specific adjustments to driving behavior to prevent accidents.
Note: If a driver cannot operate safely given the weather conditions, they should stay off the road.
Can a Driver Still Be Held Liable for a Crash if Weather was a Factor?
South Carolina is a fault-based motor vehicle accident state. The party responsible for causing a crash—driver or elsewhere—can be held legally responsible. Notably, a driver in South Carolina can still be held liable for a crash even if adverse weather is a factor. Indeed, drivers are required to operate their vehicles safely under all conditions. They must make necessary adjustments to their driving habits. If a dispute over liability arises, a South Carolina court can consider whether a driver acted reasonably given the weather conditions at the time of the accident.
The Bottom Line: Poor weather does not automatically absolve a driver of fault for a crash. Imagine that a motorist in Columbia lost control of their vehicle and struck another car. The reason that they lost control was because of rainy conditions. However, an investigation revealed that the driver did not slow down to adjust for the rain. He or she could be held liable for the resulting damages.
Can Defendants Other than Drivers Be Held Liable for a Weather-Related Accident?
Yes. In South Carolina. Parties other than drivers can be held liable for a weather-related accident. To start, the entities that may be responsible for road maintenance, such as local government bodies or private contractors, may face liability if poor road conditions contributed to the crash. For instance, failure to clear snow or ice, or inadequate signage warning of hazardous conditions, can be grounds for liability if these oversights lead to an accident. Beyond that, vehicle manufacturers might be liable if a vehicle malfunction related to design or maintenance is a factor in the crash.
Recovering Financial Compensation for a Weather-Related Crash in South Carolina
Were you hurt in a weather-related motor vehicle collision in South Carolina? You have the right to seek compensation for the full extent of your damages, including non-economic losses. Unfortunately, you cannot rely on any insurance company to look out for your financial interests. They try to settle cases for less. Our Columbia, SC car accident lawyers help injured victims seek the maximum compensation, including for:
- Property loss, including automobile repairs;
- Ambulance costs and emergency room care;
- Hospital bills and other medical bills;
- Lost wages and diminished earning potential;
- Pain and suffering & mental anguish;
- Long-term physical disability; and
- Wrongful death of a family member.
Why Injured Victims Trust Christopher R. Hart for a Weather-Related Crash
Car accident injury claims are complex—particularly so for weather-related collisions. Following a crash caused by heavy rain, wind, winter weather, or other adverse conditions, you must have a top-tier attorney on your side. Our founder and principal attorney Christopher R. Hart is a skilled and passionate advocate for injured victims. We now hold negligent motorists and big insurance companies accountable. Our South Carolina personal injury lawyer will review your weather-related car accident claim for free with absolutely no obligations.
Contact Our Columbia, SC Car Accident Attorney Today
At Hart Law, our Columbia car crash lawyer is standing by, ready to help you navigate the claims process. If you have any questions about a weather-related crash, we are here to help. Reach out to us by phone or connect with us online for a free, no-obligation case review. From our legal office in Columbia, we fight for the rights of injured victims throughout South Carolina.