When the weather changes, you have to make adjustments. That is especially true when rain makes roads and sidewalks slick. It also means anyone walking in the rain will track water into a home, store, or building. All of this increases the risk of getting into an accident. It also means everyone is aware of the risk.
Can weather be used as a defense in an injury case?
Weather conditions alone rarely serve as a complete legal defense in a personal injury claim. You can raise it as a “contributing factor,” but it is not an automatic excuse from liability. Instead of excusing liability, bad weather raises the standard of care drivers or property owners owe.
The Role of Weather in Mississippi Personal Injury Claims
Snow is rare in Mississippi, but we certainly get our fair share of rain and windstorms. When it rains, the chance of car accidents increases. Sometimes those accidents result in one person or property owner being accused of causing harm. To deny liability, the at-fault party might blame the rain.
That might not hold up in a personal injury claim or a civil lawsuit.
Here’s what you need to know about the role of weather in Mississippi personal injury claims:
Driver Responsibility
According to the Mississippi driver’s manual, drivers must adjust their speed and behavior to changing conditions like heavy rain, fog, or slippery roads. If a driver fails to use reasonable care, such as speeding in a storm, poor weather does not excuse them from fault.
Pure Comparative Negligence
Mississippi follows a pure comparative fault rule. If weather contributed to an accident alongside someone’s carelessness, the court can split fault between the parties, and your percentage of blame reduces your recovery. However, if an at-fault party uses weather as a defense, it could backfire because of the driver responsibility stated above.
The “Act of God” or Sole Cause Defense
A defendant may argue that the weather was a true “act of God” or the sole proximate cause of the injury. In other words, no human negligence contributed to the injury. That might apply if a lightning strike injures someone or hits a tree that falls into the road, causing a car to swerve.
However, an “act of God” alone may not be a strong enough defense.
Sovereign Immunity (Government Entities)
Under the Mississippi Tort Claims Act, government entities have a specific “weather exemption” protecting them from liability for claims arising out of injuries caused solely by the effect of weather conditions on streets and highways. For instance, if a sudden ice patch causes a car to swerve and collide with another car, the local agency responsible for clearing roads probably had no reasonable time to address the hazard.
Proving Negligence When Bad Weather Is Involved
If you get into an accident with another car during a rainstorm, you might initially accept the idea that the rain “caused” the accident. While it may be a contributing factor, it still may not be negligence. Proving negligence when bad weather is involved requires showing that a driver or property owner failed to exercise reasonable care under the circumstances rather than blaming the elements alone.
This is the evidence you need to fortify your claim:
- Police Reports: A police officer who shows up at the scene of the accident is obligated to write a report based on their observations. That report will document the officer’s notes on road conditions, visible vehicle damage, and initial statements of all parties involved. It will also confirm the weather conditions.
Other valuable evidence can include:
- Visual Documentation: Photos or dashcam footage showing standing water, ice, skid marks, visibility limits, or vehicle positions.
- Meteorological Data: Official weather reports confirm exact precipitation, wind, or temperature conditions at the time of the incident.
- Witness Testimony: Statements from people who saw the defendant speeding, weaving, or driving recklessly despite the weather can reinforce your claim.
- Maintenance Records: You may find proof of equipment failures, such as worn-out tires or faulty brakes, that worsened the hazard. If a driver rides on dangerous tires, that can be considered negligent.
Getting Support from an Experienced Car Accident Attorney
The idea of conducting an exhaustive investigation into the weather and what caused the accident might seem overwhelming. Fortunately, you won’t have to focus on that if you retain an experienced car accident attorney.
This is the kind of support Pittman, Roberts & Welsh, PLLC can provide.
If you’ve been involved in an accident during a rainstorm, you don’t have to excuse the at-fault driver. You’re still entitled to seek compensation to cover your medical expenses, lost wages, and pain and suffering.
When our legal team takes over the claim, we’ll handle communication with the relevant insurance carriers. We’ll also conduct a thorough investigation into all the contributing factors, including the weather. We won’t automatically accept that wet roads caused the accident and let the at-fault driver off the hook.
If you’ve been involved in any type of car accident, you owe it to yourself to explore all your options for seeking a remedy.
Contact our office for a free consultation to discuss what happened. We can tell you whether your case has merit and what should happen next.
Don’t wait to go after what you’re due.
