How Weather Can Affect the Amount of a Georgia Car Accident Settlement 

Key Points

  • Duties Drivers Have in Bad Weather: Drivers have a legal Duty of Care to operate their vehicle responsibly and to adjust their driving based on the weather conditions.
  • Common Negligent Driving Behaviors: Driving too fast, failing to use headlights, or tailgating are common causes of preventable accidents and can be used to establish fault in a weather-related car accident.
  • Navigating Insurance Challenges: The at-fault driver’s insurance company may try to shift blame to the weather, but with proper legal guidance and strong evidence, you can demonstrate the other driver’s negligence and recover the compensation you deserve.

Table of Contents

In Atlanta, drivers have a legal obligation to adjust their driving in bad weather to ensure the safety of everyone on the road. If an at-fault driver fails to take the proper precautions, such as reducing their speed and using a safe following distance, they can be held legally responsible for any damages and injuries other drivers may sustain. In this guide, we’ll discuss the responsibility drivers have while operating a vehicle in bad weather, common types of negligence, and navigating your claim with the at-fault driver’s insurance company after a weather-related car accident.

What Duties Do Drivers Have to Others During Bad Weather?

Every driver in Georgia has a legal Duty of Care to operate their vehicle responsibly, taking into consideration the safety of others on the road. This duty is highlighted in inclement weather when hazards like rain, fog, ice, and even light snow can make driving more dangerous.

Drivers are required to take additional precautions, such as:

  • Reducing their speed even below the speed limit if conditions are poor
  • Maintaining a safe following distance to allow for unexpected stopping
  • Using headlines or hazards as needed

When Atlanta drivers ignore those responsibilities and cause an accident, they can be deemed negligent and, therefore, liable in a personal injury claim.

How Do You Prove That Another Driver Was Negligent in Bad Weather?

To ensure you receive the proper compensation for your car accident due to bad weather, you will need to prove that the at-fault driver failed to meet their Duty of Care. Proving this means gathering strong evidence that shows they were being negligent while driving in inclement weather. Some of the evidence that could be used to support your case include:

  • Photos: Images that show the accident scene, like tire marks on the road, road conditions, and the vehicles.
  • Weather Report Data: Official records that show the conditions at the time of the car accident.
  • Road Conditions: Any noted hazards, like icy patches on the road, downed trees, or flooding
  • Police Reports: Offical reports from the Atlanta officers on the scene, noting any contributing factors
  • Witness Statements: Record of observations from people who saw the accident and can provide details of the crash

What Are Common Forms of Negligence in Bad Weather?

When bad weather is a factor in your accident, you may wonder what types of behavior from the at-fault driver are considered negligent. Some of the more common forms of negligence include:

  • Driving either at the speed limit or above it, despite the bad weather conditions
  • Failing to stop at an intersection because of the conditions
  • Following the other car too closely
  • Failing to use headlights

Understanding these forms of negligence can help build your case and show that the at-fault driver did not properly adapt to the weather conditions, contributing to your accident.

Can the At-Fault Driver Blame the Weather to Avoid Liability?

It is possible that the at-fault driver and their insurance company may try and argue that the accident was unavoidable because of the weather conditions. However, if the at-fault driver did not take the proper precautions, this defense is not likely to succeed. Typically, the insurance adjusters will still hold the at-fault driver responsible if they could have prevented the accident by driving more cautiously.

How Do Insurance Companies Handle Claims for Accidents Caused by Bad Weather?

Based on evidence, an insurance company will determine whether the accident was caused solely by weather or if any other factors were at play. They’ll likely review police reports, witness statements, 911 calls, and weather data from that day to help determine fault. If it’s found that the at-fault driver failed to adapt to weather conditions, their negligence can make them liable.

Should I Report to My Insurance Company That Weather Was a Factor in the Crash?

After your accident, you should report everything to your insurance company, including the weather conditions. Detailed information about the conditions during your accident will allow your insurance company to investigate weather reports to verify your claim. Omitting any details about the weather could complicate your case.

What if the At-Fault Driver’s Insurnace Tries to Reduce or Deny My Claim?

While unfair, the at-fault driver’s insurance company could argue that the weather, rather than the driver’s negligence, caused the accident. This is to avoid or reduce the insurance company’s liability in the claim. This is why working with a personal injury attorney and gathering strong evidence is crucial, as it allows the attorney to demonstrate the at-fault driver’s unsafe actions and build a stronger case.

What Damages Can I Recover From a Weather-Related Car Accident Case?

In a weather-related car accident, it’s possible to recover both economic and non-economic damages. Economic damages might include your medical bills, lost wages from the inability to work, and damage to your car. Non-economic damages could include losses like pain and suffering or reduced quality of life. In extreme negligence or recklessness cases, you could pursue punitive damages to hold the at-fault driver accountable.

Do I Need an Expert Witness to Address Weather Conditions and Road Safety in My Case?

Having an expert witness, like an accident reconstruction specialist, can be very helpful in a weather-related car accident case. An expert can analyze how the weather conditions and roads contributed to the crash. They will use data from the road conditions, vehicle damages, and weather reports to strengthen your case, offering credible insights into how the weather, as well as the at-fault driver’s negligence, added to the accident. This is especially helpful in more complex cases or when liability is disputed. Your personal injury attorney can help find an expert witness to testify in your case.

Will Bad Weather Complicate or Delay Settlement Negotiations With Insurance Companies?

It’s possible that bad weather could complicate or even delay settlement negotiations with insurance companies. Harsh weather conditions can make it harder to determine fault, as the insurance company might argue that the weather caused the accident. This could lead to additional investigations into the at-fault driver’s behavior, road conditions, and weather data. Lack of evidence from witnesses or photos can slow down the claims process as well. This is why having a personal injury attorney on your side is invaluable, as they can help expedite these negotiations.

What if the At-Fault Driver Lacks Enough Insurance and Weather is a Factor?

If an at-fault driver doesn’t have enough insurance to cover your damages and bad weather plays a role, you may have to use your own insurance coverage. This could include leveraging uninsured/underinsured motorist coverage to compensate for a shortfall. While the Atlanta weather conditions may have contributed to the accident, drivers are still responsible for adapting their behavior accordingly, so their negligence will remain a key factor. An experienced attorney, like those at The Millar Law Firm, can help you explore options, including seeking compensation from the at-fault driver’s personal assets.

How Do I Prove My Injuries Were Caused by the Accident and Not by the Weather?

To prove the injuries you sustained are from the accident and not by the weather, you’ll need strong evidence like medical records, photos or videos of the scene, and police or accident reports. This will help to create a connection between the accident and your injuries, helping to counter any claims the insurance company may have, for instance, saying you fell after the accident at the scene because of the inclement weather.

If My Car Accident Case Went to Trial, Would a Judge or Jury Be More Lenient Toward the Other Driver Because of Bad Weather?

It’s usually rare for motor vehicle accident cases to go to trial, as most settle prior. But, if your case did go to court, a judge or jury might consider the role of bad weather when looking at fault. They will likely focus on whether the other driver acted responsibly. Demonstrating that the at-fault driver failed to adjust to hazardous weather conditions will be critical to your case.

Contact the Millar Law Firm Today

For over 30 years, The Millar Law Firm has been helping Metro Atlanta area residents receive maximum compensation for their car accident claims with a dedicated, personalized approach. As a firm exclusively focusing on personal injury law, we have the experience and expertise to handle even the most complex weather-related car accident cases. Contact us today for a free consultation. We’re here to help.

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