Weather-Related Vehicle and Pedestrian Accidents: Avoiding Missteps When Establishing Liability and Causation

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.