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Establishing Liability in Weather Related Car Accidents

Were you involved in a motor vehicle collision in South Carolina? The aftermath can be stressful and confusing—especially so if bad weather was a factor in causing the crash. At Schiller & Hamilton, we have the knowledge and experience to take on all types of weather-related car accidents. Here, our Rock Hill car accident lawyers provide a guide to weather-related car crash claims.

Weather Related Car Accidents are a Serious Issue

A significant number of motor vehicle collisions reported in South Carolina and throughout the country are caused, in part, by adverse weather conditions. According to data from the Department of Transportation (DOT), the ten-year average for weather-related car accidents is as follows:

  • 1,235,145 weather-related car crashes per year nationwide;
  • 418,005 people hurt in weather-related collisions;
  • 5,376 people were killed in weather-related accidents; and
  • 21 percent of all motor vehicle collisions are related to weather.

The DOT does caution that many motor vehicle collisions have multiple causes. For example, imagine a motorist speeding through a heavy rain storm. If he or she is involved in a crash, there could be two causes: 1) Speeding and 2) Poor weather.

Most Common Causes for Car Accidents Due to Weather Conditions in South Carolina

Weather-related car accidents can happen for a wide range of different reasons. Here is an overview of some of the most common causes of weather-related motor vehicle collisions in South Carolina:

    • Heavy Rain: Our state can get tremendous rain storms. Indeed, rain is the most frequent weather issue in South Carolina, leading to slippery roads and reduced visibility. Water pooling on highways can also cause hydroplaning.
    • Fog: Dense fog often rolls in without much warning, particularly in coastal and rural areas of South Carolina. Fog severely reduces a driver’s visibility—especially perception of distance. When it is difficult to see road signs and other vehicles, the crash risk rises.
    • High Winds: Strong winds are particularly hazardous on open stretches of roads and bridges. They can unsettle vehicles—especially high-profile ones like SUVs and commercial trucks. Motorists may lose control when facing very windy conditions.
    • Sun Glare: Often overlooked, sun glare can be extremely dangerous in South Carolina, especially during sunrise and sunset hours. It can temporarily blind drivers, making it hard to see traffic lights, pedestrians, or other vehicles on the road.
    • Wintery Conditions: Nationwide, snow and ice are a leading cause of weather-related crashes. They are less common in South Carolina due to our state’s climate. With that being said, wintery road conditions do still happen. Further, many drivers in South Carolina may not be as accustomed to these conditions so the risk can be especially high.

South Carolina is a Fault-Based Motor Vehicle Accident State

Who is liable for a weather-related crash? To answer this question, it is important to understand that South Carolina is a fault-based motor vehicle accident state. The driver—or any other party—who caused a crash through negligence can be held legally responsible for the damages. Determining fault involves showing that the driver failed to operate their vehicle safely given the weather conditions. However, other parties may bear liability as well.

Drivers are Responsible for Adjusting to Adverse Weather Conditions

Even though bad weather increases the risk of a crash, that does not mean that motorists are absolved. Under South Carolina law, drivers are expected to adjust their driving behavior based on the current weather conditions. Along with other things, this includes:

  • Reducing speed;
  • Maintaining greater distances between vehicles;
  • Using headlights in poor visibility.

Failure to make these adjustments can be considered negligence. Even in adverse weather, the responsibility for safe driving rests with the person behind the wheel. For example, if you are hurt by a driver who loses control of their vehicle, they are not absolved from fault simply because it was raining. Motorists must adjust for the weather.

What are My Options After a Single Car Accident Due to Weather

Even if you are involved in a single-car weather-related accident, there may still be options available to seek compensation for your damages. You can file a claim with your insurance if you have comprehensive coverage, which typically covers accidents not involving another vehicle. If you believe that external factors like poorly maintained roads contributed to the accident, you might have a claim against the entity responsible for road maintenance. Our law firm can help.

Recovering Compensation for a Weather-Related Car Crash in South Carolina

How much compensation can you expect to recover after a weather-related car crash in South Carolina? State law allows injured victims to pursue compensation for both economic costs and non-economic damages. With that being said, insurance companies fight hard to pay out less in settlement negotiations. Our firm can make a difference. Following a weather-related crash, you may be entitled to recover compensatory damages for:

  • Vehicle repairs;
  • Ambulance costs;
  • Emergency room care;
  • Medical bills;
  • Medication;
  • Medical expenses;
  • Physical therapy;
  • Loss of wages;
  • Diminished earnings;
  • Pain and suffering;
  • Mental distress;
  • Loss of life enjoyment;
  • Long-term disability;
  • Physical scarring; and
  • Wrongful death.

How Our South Carolina Motor Vehicle Crash Lawyers Can Help

Weather-related car accidents can create some complex legal situations. It is not always easy to sort out liability. At Schiller & Hamilton, we are standing by, ready to be your voice. Do not rely on any insurance company to protect your legal rights or your financial interests. Even after a single-car weather-caused crash, there may be options to secure compensation.

Schedule Your Free Case Review With Our Rock Hill Car Accident Lawyers

At Schiller & Hamilton, our Rock Hill car accident attorneys provide justice-first advocacy to victims and families. If you were hurt in a weather-related crash, please do not hesitate to contact us today for your no-fee, no-obligation initial case review.

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