Inclement weather can impair people’s ability to drive. Even so, they owe a duty of reasonable care to others. If they act negligently or don’t take precautions to avoid collisions in bad weather, they may be held liable. Here’s how Florida breaks down responsibility when a storm or rain leads to a crash.
What does the law say?
Florida has statutory laws that require every driver on the road to take precautions during bad weather. Under those laws, one must keep their headlights on when they encounter rain, fog or smoke. Similarly, they must slow down when weather creates special hazards. Blaming hydroplaning might not work if their tires lacked enough tread to prevent it in the first place. Finally, tailgating can drastically reduce their compensation.
The factor of modified comparative negligence
Florida applies modified comparative negligence principles in car collision cases. Under this standard, for negligence actions arising on or after March 24, 2023, courts bar a person from recovering damages if they are more than 50% at fault. If their share of fault is 50% or less, courts reduce their financial recovery in proportion to their percentage of responsibility.
What to do if you were in an accident?
If you were recently in an accident in bad weather, collect photo and video evidence at the scene. Photograph the sky, skid marks and surrounding areas to document weather conditions. Talk to witnesses and get their contact details, including their name and phone number. Finally, consult an attorney before speaking with an insurance adjuster, as early statements can heavily impact the outcome of car accident cases.