Legal Responsibility for Weather-Related Car Accidents

How Is Liability Determined When the Weather Causes or Contributes to a Crash?

Drivers in New Jersey can expect to encounter almost any type of weather, from heavy rains and high winds to snow and ice. There’s a common perception that weather is a “force of nature” or an “act of God,” absolving all parties from liability. That’s simply not true. How do a judge and jury establish who is at fault for causing an accident that occurs during fog, torrential rain, or blizzard conditions?

The Legal Principle of Negligence

Most lawsuits seeking compensation after an accident are based on the concept of negligence. To prove negligence, an injured party must first show that the defendant (person from whom compensation is sought) owed the injured party a duty and breached, or failed to meet, that duty.

Under the law of negligence, all persons in society are held to a duty to use reasonable care in all endeavors. The duty is often characterized as requiring each of us to “act as a reasonable person would under the circumstances.” Accordingly, when ruling on whether a person was negligent, the jury will consider the facts and determine whether the person’s actions were reasonable.

When considering an accident that occurred in inclement weather, a jury will apply the same standard, asking “What would a reasonable person have done under similar weather conditions?” Would they have gotten off the road? Would they have slowed down? Would they have put on their emergency flashers or high beams? In short, were the defendant’s actions consistent with what a reasonable person would have done?

Because the facts of every case are unique, the actions that would qualify as “reasonable” can also vary from case to case. Ultimately, though, the jury will decide whether the actions were reasonable, based on the facts.

Contact the Law Office of Howard D. Popper

At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after you’ve been hurt in a New Jersey motor vehicle accident, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.

We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.