How Does Poor Weather Impact My Auto Injury Claim in New Jersey?

Car accidents that occur during inclement weather are common, but the weather itself doesn’t automatically absolve drivers from responsibility for these crashes. These conditions—whether it’s rain, snow, fog, or ice—can have a significant impact on your car accident injury case. If you’ve been injured in a car accident during bad weather, it’s important to understand how weather impacts your auto injury claim in New Jersey. 

The Increase in Car Accidents During Poor Weather

Due to its direct impact on road conditions and driver visibility, inclement weather significantly increases the likelihood of accidents. Poor weather conditions that can contribute to accidents include: 

• Rain: wet roads reduce tire traction, increasing the likelihood of hydroplaning, where the tires lose contact with the road surface. Heavy rain also reduces visibility, making it more difficult for drivers to see other vehicles, pedestrians, or traffic signals. 
• Snow and Ice: snow and ice significantly reduce road friction, making it easier for cars to skid or slide, especially when drivers are making turns or braking. Black ice is particularly dangerous, as drivers may not see it until it’s too late to avoid. 
• Fog: fog reduces visibility, making it difficult for drivers to see other vehicles, road signs, or pedestrians. Dense fog can also create an illusion of slow motion, leading drivers to misjudge their speed. 
• High Winds: strong winds can make it difficult to control a vehicle, especially on bridges or open roads. They can also cause debris, like tree branches, to fall onto the roadway. 

How Are New Jersey Drivers Obligated to Operate Their Vehicle in Poor Weather and Road Conditions?

Under New Jersey law, drivers are required to exercise reasonable care when operating their vehicles, and this includes adjusting their driving to account for poor weather conditions. This standard means that drivers must be extra cautious in inclement weather, even if they are following all traffic laws. 

Some key expectations for drivers during poor weather include: 

• Reducing Speed: speed limits are set for ideal driving conditions. During poor weather, drivers are expected to slow down to accommodate for slick roads, reduced visibility, and the increased likelihood of sudden stops. Failing to adjust speed in these conditions can be considered negligent. 
• Increasing Following Distance: drivers should maintain a greater distance between their vehicle and the one in front of them during bad weather. This gives them more time to brake and avoid collisions, particularly on wet or icy roads. 
• Using Headlights and Windshield Wipers: in fog, rain, or snow, using headlights and windshield wipers is mandatory. Not using these safety features can be considered negligence, as it reduces the driver’s visibility and ability to react to road conditions. Keep in mind that it is often not safe to use high beams in these types of conditions as they may be distracting to oncoming drivers. 

How Weather Can Impact Fault in a Car Accident Case 

Determining fault in accidents that occur during poor weather is more complicated than in accidents under normal conditions. While poor weather may contribute to an accident, it does not absolve a driver of responsibility if they were driving recklessly or carelessly. In New Jersey, the legal principle of negligence still applies, and the weather is just one factor considered when determining fault. 

Key factors that impact fault determination include: 

• Speed: if a driver was speeding in bad weather conditions and caused an accident, they are more likely to be found at fault. Even if they were driving below the posted speed limit, if they were going too fast for the conditions, they could be held liable. 
• Failure to Maintain Vehicle: if a vehicle was not properly maintained for weather conditions (for example, having bald tires or malfunctioning brakes), the driver may be considered at fault for failing to ensure their vehicle was safe for the road. 

How Weather Can Impact the Calculation of Damages 

Poor weather conditions can also affect the way damages are calculated in personal injury cases. Damages in an auto injury claim generally include compensation for medical expenses, lost wages, property damage, and pain and suffering.  

The extent of vehicle damage may be higher in weather-related accidents due to the nature of skidding or losing control. Damages for property loss can also be adjusted based on how the accident was caused. If weather conditions contributed to a multi-car pileup or increased the severity of the crash, this could also increase the compensation owed for medical bills and pain and suffering. 

In some cases, insurance companies may argue that weather conditions reduce the liability of the at-fault driver. However, this is not always true, and an experienced attorney can help ensure that the weather is not used as an excuse to deny fair compensation. 

How Comparative Negligence Works in New Jersey 

New Jersey operates under a modified comparative negligence system. This means that if you are injured in an accident and share some responsibility for the incident, your damages may be reduced based on your percentage of fault. If you are found to be 20% at fault for an accident because you were driving slightly too fast for the conditions, and the other driver is 80% at fault, you can still recover compensation. However, your damages will be reduced by your percentage of fault. If the total damages were $100,000, you would receive $80,000 after the 20% reduction. 

It’s important to note that under New Jersey law, you can only recover damages if you are 50% or less at fault for the accident. If you are found to be more than 50% responsible, you cannot collect any compensation. 

Have You Been Injured in a Car Accident? 

Inclement weather adds complexity to personal injury claims, but it does not remove the responsibility from drivers to exercise care when driving. In New Jersey, drivers are expected to adjust their behavior to account for poor weather conditions, and failure to do so can result in liability for accidents. If you’ve been catastrophically injured in an auto accident during bad weather, let our team of car accident attorneys fight for you. We understand the complexities of auto accident cases, even when road conditions are bad. We can help you determine who is at fault and fight to get you the compensation you deserve. Get in touch with us today for a free case evaluation.