How is Fault Determined in a Winter Accident?

With the onset of winter comes hazardous road conditions – snow, ice, and sleet bring slippery conditions to the nation’s roadways. Extreme weather conditions may even keep important first responders such as firefighters, police, and paramedics from doing their jobs more effectively. A study at Marquette University in Michigan found that 116,000 people are injured on snowy or slushy roads each winter.

Not all car accidents cause grievous injury, but most do cause property damage. When snow is a factor in accidents, motorists often turn to the idea of fault. Can you blame the weather for a car accident? How does an insurance company (and law enforcement) determine fault in poor weather conditions? We’ll unpack the answers to each.

Insurance Companies and Fault

In general, insurance companies will make allowances for the weather when deciding fault after an accident. Ultimately, however, it’s your responsibility as a driver to take appropriate precautions and exercise reasonable care on the road.

When you make a claim to an insurance company, they’ll review all the facts surrounding the claim, including:

• The present road conditions
• Inclement weather
• Speed
• Eyewitness statements
• Photographic evidence
• Testimony

If you slide through an intersection and rear end another vehicle, you may feel it’s the hazardous road conditions to blame, and not you. Most insurance companies don’t see it this way. They operate under the presumption that you should adjust your driving style to accommodate any inclement road conditions.

Winter Driving Conditions and Personal Injury Suits

The law is a little more accommodating when it comes to personal injury law and winter weather conditions. Each case is unique, but the law uses specific criteria when determining fault in an accident:

• Traffic Violation. At times, a clear traffic violation may help a police officer determine fault in an accident. For example, if a car plowed through a stop sign and rear ended someone, a traffic violation clearly caused an accident. In snowy conditions, a driver should exercise caution and brake sooner. Police officers may issue a citation at their discretion.
• Scene Evidence. Police officers are trained to assess the scene and gather evidence that will help them determine fault. They may use intersection records, video footage, or eyewitness testimony to guide their decision.
• Vehicle Damage. The location and pattern of vehicle damage can tell more about an accident than you might think. Police officers can use this information to paint a more accurate picture of an accident.

Fighting a Fault Ruling

If you’ve been found at fault in a winter accident, you can appeal the ruling. You may choose to cite poor road conditions or inclement weather as a factor in the crash. Unfortunately, once the insurance company or police officer on the scene makes a ruling, it’s hard to reverse. Weather cannot be a sole factor in a crash. While the insurance company may acknowledge that weather played a role in the accident, you’ll likely still see your premiums increase. There’s also little leeway for getting a winter-weather related accident removed from your record.

Preventing Winter Accidents

The best thing you can do in the meantime is take steps to prevent winter-weather related accidents. Only travel if conditions are safe. If you must travel in inclement weather, allow plenty of extra time for travel. Stay tuned to local news reports and only travel on roads with frequent salting if possible. Allow plenty of stopping distance between stop signs, traffic signals, and other cars. Finally, minimize distractions while behind the wheel: keep your phone out of reach and focus on the road. Nothing is more important this winter season than your safety.