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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Personal Injury and Med Mal

Date & Time
  • event Date

    Tuesday, March 11, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$197.00
CLE
ALL

This CLE webinar will discuss avoiding potential missteps when dealing with the special liability and causation challenges that arise from weather-related accidents. The panel will address investigation, insurance, the effective use of experts, defenses, comparative negligence, and more.

Faculty

Thomas M. Else
Senior Forensic Meteorologist- WeatherWorks, LLC, AMS Certified Consulting Meteorologist #675, SIMA ASM Certificate Holder, National Weather Service Trained Storm Spotter
WeatherWorks, LLC

Mr. Else is a Senior Forensic Meteorologist for Weather Works, LLC in Hackettstown, NJ with over 27 years of professional experience. He was granted the Certified Consulting Meteorologist designation by the American Meteorological Society in 2011, and was granted the Advanced Snow Manager (ASM) designation by the Snow & Ice Management Association in 2018.  Mr. Else's specialties include: Creating site-specific Certified Past Weather Reports for both Plaintiff and Defense firms. His Areas of Expertise include: slip-and-fall accidents on snow, ice and/or water, refreeze, wind damage, lightning strikes, floods, visibility, lighting conditions, and more.


 

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Alexander P. Kemp
Attorney
Michigan Auto Law

Mr. Kemp is an attorney in the firm’s litigation division. He has been with the firm for several years, beginning as a law clerk. While in law school, Mr. Kemp had the opportunity to first chair a felony jury trial at the Wayne County Prosecutor’s Office in Detroit. Prior to attending law school, he was a judicial intern for the Honorable Ronald Lowe in the 35th District Court.

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Description

The National Highway Traffic Safety Administration estimates that annually approximately 1.2 million, or 21 percent, of car accidents are caused by hazardous weather, including around 5,376 fatalities. Many of these accidents are multiple vehicle chain reaction events. Not every accident is caused by rain or snow, but may also result from low visibility, dense fog, sun glare, snow falling off the roof of a truck or car and hitting another vehicle, pedestrian accidents from visibility and natural lighting conditions, falling trees, black ice from freezing rain and refreeze, and construction equipment blown into oncoming traffic from high winds.

One of the biggest challenges in weather-related accidents is determining liability, which is much more complicated and challenging than in ordinary accidents and thus hides pitfalls for counsel.

A different set of factors is often considered in determining fault. Comparative fault and special defenses take on greater importance. Different kinds of experts and those who specialize in weather-related causation analysis may be required. Normal conditions that pose no enhanced risk can become deadly hazards under various weather conditions.

Listen as this panel of an experienced plaintiff’s attorney and expert meteorologist discuss how weather-related accidents are different from other kinds of vehicle accidents and how counsel can avoid missteps when pursuing or defending claims arising from them.

Outline

  1. Overview of weather-related accidents
    1. Visibility
      1. Sun Glare
        1. Calculating the Azimuth and Altitude angle of the sun
        2. Sky condition (clear vs cloudy)
      2. Snow squall
      3. Torrential rain
      4. Dense fog
      5. Lighting conditions towards sunrise or sunset and pedestrian accidents
        1. Twilight times: civil, nautical and astronomical
    2. Slippery Roads
      1. Rain and wet roads
      2. Icy roads from freezing rain, sleet, snow, and refreeze
      3. Bridge vs road surface
      4. Shaded road vs road exposed to direct sunlight
    3. High winds
      1. Blowing debris (roadway signs, construction equipment) onto roads
      2. Falling trees and limbs
    4. Residual snow cover falling off moving cars and trucks
  2. Items to utilize for your case
    1. Police report
      1. Decoding the report. Look for roadway conditions and environmental conditions
      2. Final outcome from police investigation
    2. Video, photos, eyewitnesses
    3. Meteorology report
    4. Engineer report
    5. Arborist report
  3. Insurance considerations
  4. Factors considered in determining liability
  5. Defenses
    1. Comparative negligence
    2. Act of God
    3. Sudden emergency
    4. Unavoidable accident

Benefits

The panel will review these and other critical questions:

  • What responsibilities do drivers have during adverse weather?
  • What is considered a sudden emergency?
  • Is poor visibility a defense?
  • What are best practices for gathering evidence from the accident scene when the weather may alter it?