Available 24/7 Free Consultations
24/7 (928) 778-2660

Who Is At Fault When the Weather Causes Your Car Accident?

Posted on February 26, 2024 in

Arizona often experiences hazardous weather during monsoon season, dust storms, and extreme heat, making driving conditions highly dangerous. All drivers must assess the weather conditions and drive carefully if they choose to travel. If you are injured in an accident caused or contributed to by bad weather, you may wonder who can be held responsible. While weather may contribute to the crash, the driver whose negligence caused the accident may also be held accountable for your injuries. That may be you, or any combination of you, the other driver, the road and the weather. Figuring out degrees of fault usually takes an experienced injury lawyer.

At Jensen Phelan Law Firm, we understand car accident claims involving inclement weather can be complicated, but we can help identify an at-fault party, gather evidence, and fight for your rights. Depending on your unique circumstances, the other driver or property owners may be at fault, or the weather event may be considered an act of God. To receive the compensation you deserve, it’s essential to contact our seasoned injury specialist lawyers as soon as possible. We have over 65 years of combined experience, so you can trust us to handle every aspect of your case with unmatched care and professionalism while you focus on recovery.

Who May Be Liable for an Inclement Weather Car Accident in Arizona?

When inclement weather or dangerous weather conditions cause an accident, proving liability can be challenging. However, when drivers go out in hazardous weather and fail to alter their driving habits to stay safe, they may be responsible for an accident and any injuries they cause. Based on the specific conditions involved in your accident, the following parties may be held accountable:

  • Another driver: Another driver or driver involved in the accident could be liable if they were speeding, following the cars in front of them too closely, or driving recklessly in inclement weather.
  • Property owner or government agency: If poor road conditions, such as debris or potholes or dangerous road design, contributed to the accident, the property owner or government agency responsible for road maintenance may be liable.
  • Mechanic or manufacturer: Accidents in bad weather may result from defective auto parts, such as windshield wipers and brakes. In these cases, the manufacturer or the mechanic that failed to fix the issue may be responsible.

In many car accident cases involving inclement weather, multiple parties share fault. Arizona uses a comparative negligence system to assign a percentage of fault to each party, which gets deducted from their respective damages. For example, if you are 20% at fault in a dangerous weather accident, your compensation is reduced by 20%. 

What Is an Act of God in Inclement Weather Accidents?

In some weather-related car accident cases, the weather event may be considered an “act of God” – an unexpected, serious natural event that a human being could not predict or prevent. In Arizona, dust storms and other inclement weather can occur suddenly, especially with distant tornados and extreme heat throughout the year. 

When determining if the weather event that caused the accident was an act of God, insurance companies typically assess the foreseeability of the weather, how often it has occurred in the past, and if anyone involved in the accident neglected their duty of care and contributed to the crash. If the weather event was foreseeable or someone’s negligence contributed to the accident, the act of God defense may not apply. You need an experienced, specialist lawyer to assist you in evaluating whether you have a legitimate claim for damages or not.

Contact Jensen Phelan Law Firm Right Away to Discuss Your Arizona Inclement Weather Car Accident Claim

Determining fault in car accidents can be challenging, especially if the crash occurred due to inclement weather. Even if you think you are partially responsible, our reputable lawyers at Jensen Phelan Law Firm can help you achieve compensation for your losses, including medical bills, lost wages, and pain and suffering. In these cases, it’s crucial to retain a lawyer without delay, so please don’t hesitate to contact our high-quality lawyers to pursue your claim.

Since 1974, our specialist car accident lawyers have provided top-notch legal services to Arizona victims, so you can rely on us to fight for your rights and negotiate with insurance adjusters while you focus on recovery. With our support, you have the best chance of achieving a larger reward. Call us today at (928) 778-2660 or fill out our contact form for a free assessment of your case and an explanation of your rights.