Car Accidents in Rain, Snow, and Ice: Proving Fault in Maryland Weather-Related Crashes

Bad weather can turn an ordinary drive into a dangerous situation in a matter of seconds. In Maryland, drivers can encounter heavy rain, snow, ice, fog, and high winds. Any of these weather conditions can reduce visibility, limit traction, and increase stopping distances.

If you are injured in a crash during bad weather, the other driver may still be responsible for the accident. Motorists still have an obligation to drive safely based on the weather conditions, which may include taking steps like slowing down or even pulling off the road if it is too hazardous. Our Silver Spring car accident attorneys will work hard to prove fault and get you maximum compensation for your injuries.

At DuBoff & Associates, we represent clients who have been injured in all types of motor vehicle accidents, including truck accidents, car accidents, bicycle accidents, pedestrian accidents, and motorcycle accidents. We have deep experience in Maryland law, which we put to work to help our clients get the money that they deserve for their losses. Reach out to our law firm today to talk to a Silver Spring personal injury lawyer about your case.

Motorists Have a Duty to Drive Safely for Conditions

In Maryland, drivers have a duty to operate their vehicles safely. This includes adjusting their driving to account for weather and road conditions. In fact, under Maryland law, drivers are required to adjust their speed and behavior in hazardous conditions like snow, rain, or ice.

Depending on the specific weather conditions, drivers may need to:

• Reduce speed to maintain control of their vehicle and stop in time for hazards.
• Turn on the headlights whenever using the windshield wipers.
• Increase the following distance to account for longer stopping distances on slippery roads.
• Stop if weather conditions are severe enough to be unsafe for driving.
• Clear all snow and ice from vehicles to avoid flying debris.
• Maintain vehicles appropriately, with functioning wipers, lights, and tires.

In Maryland, we get a range of bad weather, from snow and ice to fog and heavy rainstorms. Weather-related crashes can include things like hydroplaning during heavy rain, lane departures due to high winds, rear-end collisions on icy roads, loss of control in snowstorms, and multi-vehicle pileups in dense fog.

For these and other types of motor vehicle accidents, the key question will be whether the driver operated their vehicle reasonably, given the weather conditions. For example, driving 55 miles per hour (mph) in a 55 mph zone might be perfectly fine in perfect weather conditions. After a snowstorm, even driving 50 mph in a 55 mph zone might be unsafe.

If you are hurt in an accident during bad weather conditions, it may not have simply been an “act of nature” or otherwise unavoidable. Drivers who don’t operate their vehicles safely for the weather can still be held accountable for any injuries that they cause. Our Silver Spring car accident lawyers can help you get compensation for your losses.

Proving Fault in a Weather-Related Accident

Most car accident cases in Maryland are based on a theory of negligence (carelessness). Generally, to recover compensation under a negligence standard, the accident victim (plaintiff) must prove the following:

1. The other driver (defendant) owed the plaintiff a duty to use reasonable care.
2. The defendant violated that duty in some way.
3. This violation caused the accident.
4. The plaintiff suffered losses (damages) as a result.

Bad weather does not eliminate a driver’s duty to use reasonable care. Instead, it actually increases the amount of caution that a driver should use when operating a motor vehicle. A driver who fails to slow down on icy roads or who doesn’t replace bald tires can be held responsible if they cause an accident, even if the weather contributed to the crash.

Proving fault for a bad weather accident requires supporting evidence. Our law firm will thoroughly investigate the case to build a strong claim, using evidence such as:

• Police reports may document the road and weather conditions, vehicle positions, driver statements, skid marks on the road, and any citations issued.
• Witness statements may describe things like the at-fault driver speeding, following too closely, or failing to use headlights in low visibility.
• Accident reconstruction experts can draft reports that analyze vehicle damage patterns, road grade and curvature, skid mark measurements, and black box information to demonstrate that the crash was caused by driver error, not just poor weather.
• Traffic cameras or surveillance videos can be used as objective evidence of how the accident occurred.
• Official weather reports can establish rainfall intensity, snow accumulation, ice warnings, and visibility levels.

Remember: if weather conditions are dangerous, drivers have a responsibility to slow down, avoid travel entirely, or simply drive much more cautiously. If a driver makes a sudden lane change in bad weather, uses cruise control in rainy weather, tailgates on icy roads, or doesn’t turn on their headlights in the rain or fog, they could be held liable for any accident that results.

How Maryland’s Contributory Negligence Rule Can Affect Your Case

In most states, you can still recover financial compensation for an accident even if you were partially responsible under comparative negligence rules. Maryland is one of just a handful of states, including Virginia and Washington, D.C., that follows a strict contributory negligence rule. Under this law, if you are found even 1% at fault for an accident, you may be barred from recovering any compensation.

This makes proving fault in weather-related crashes even more important. Insurance companies know that Maryland has a harsh contributory negligence rule, and may try to shift blame to you to avoid paying your claim. Our experienced Silver Spring car accident attorneys will work hard to not only prove that the other driver caused your accident, but that you bore no responsibility for the crash.

Maryland’s contributory negligence rule makes it incredibly important that you do not talk to an insurance adjuster after an accident without consulting with a lawyer first. Even a minor admission of fault can jeopardize your claim.

Always remember that the insurance company’s goals are directly opposed to yours. The insurer wants to resolve your case for as little money as possible, while you want to get maximum compensation. Before you answer a call from the insurance company or give a statement of any kind, you should always talk to a Silver Spring car accident attorney.

If you can prove that the other driver was responsible for the accident, then you will be able to recover compensation. This may include money for your:

• Medical expenses
• Future medical treatment
• Property damage
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Reduced quality of life

Our Silver Spring personal injury lawyers will fight to get you the compensation that you deserve. Reach out at any time to schedule a free consultation with a member of our team.

Protect Your Right to Compensation

Weather-related accidents can cause serious injuries. In these situations, proving that the other driver was responsible for the accident is incredibly important. Our law firm will establish fault and help you get maximum compensation for your injuries.

DuBoff & Associates works hard to get our clients justice after a car accident, investigating each claim to prove fault and establish their right to full compensation. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Maryland car accident lawyer, give us a call at 301-495-3131 or fill out our online contact form.

Related:

What to Do After a Hit-and-Run Accident in Maryland