Every Kentucky driver knows the challenge of navigating our roads during winter snowstorms, summer downpours, or dense fog. When weather conditions deteriorate, accidents become more likely. That doesn’t mean drivers are off the hook for causing collisions.
If you are injured in a vehicle accident and looking for an experienced attorney for help, call The Fleck Firm to schedule a free consultation at (270) 446-7000. We are dedicated and compassionate when we fight for clients like you.
The Legal Standard: Reasonable Care Under the Circumstances
Kentucky law requires all drivers to exercise reasonable care while operating a motor vehicle. When weather conditions are hazardous, drivers must slow down, increase following distance, and take other precautions a reasonable driver would take under the circumstances.
If you’re injured in a vehicle accident when weather conditions are poor, the other driver may have been negligent and caused the accident. Failing to adapt to dangerous conditions could be considered negligent, and negligence is the legal theory that nearly all personal injury claims are based upon. The fact that roads are slippery, visibility is poor, or conditions are hazardous isn’t an excuse for causing a crash.
Ten Examples of Weather-Related Negligence
- Driving Too Fast for Conditions
Perhaps the most common form of negligence in bad weather is maintaining normal speeds when conditions demand slower travel. Even if you’re driving at or below the posted speed limit, you can still drive too fast if the conditions make that speed unsafe. When rain reduces visibility or ice makes roads slippery, reasonable drivers slow down. Failing to do so when conditions warrant it would be negligent.
- Following Too Closely in Rain or Fog
The rule of thumb for keeping a safe distance behind another vehicle is that it should take you at least three seconds to pass a landmark after the car in front of you passes it. But this assumes normal, dry road conditions.
When rain, snow, or ice increases stopping distances, you must put more distance between you and the other vehicle. In heavy rain, a six-second gap may beappropriate. If the road is icy, an even greater distance is necessary. Tailgating at any time is a bad idea, but especially so in bad weather.
If you’re rear-ended by another vehicle, the other driver is presumed to be at fault. Driving like it’s just another day if it’s raining or snowing makes that kind of accident more likely.
- Failing to Use Headlights in Reduced Visibility
Kentucky law requires headlights when visibility is limited, including during rain, fog, or snow. Some drivers neglect this basic safety measure, making their vehicles nearly invisible to others. Proper practice requires turning on headlights whenever the weather reduces visibility, even during the day.
- Hydroplaning Due to Excessive Speed and or Worn Tires
Hydroplaning occurs when a vehicle’s tires lose contact with the road surface due to water buildup, as the tires can’t push enough water away to maintain contact with the roadway. Hydroplaning is far more likely on wet roads when drivers travel too fast and/or their tires are worn to the point they should be replaced.
A reasonable driver maintains a safe vehicle and reduces speed on wet roads. When a driver hydroplanes due to excessive speed or is using unsafe tires and causes an accident, they cannot blame the weather for their negligence.
- Improper Braking on Ice or Snow
Anti-lock braking systems (ABS) with automatic traction control started becoming available on passenger vehicles in the 1990s and later became required equipment. They can make driving in bad weather safer because, when you press the brake pedal, the system pulses the brakes much faster than a person could, reducing the risk of losing traction.
Someone driving an older vehicle without ABS risks the vehicle sliding out of control if they’re driving too fast for conditions and hit the brakes, causing the brakes to lock up and put the vehicle into an uncontrolled slide. Those in older vehicles, or those whose ABS systems aren’t working properly, have an additional reason to slow down in poor conditions and to pump the brakes in slippery conditions.
- Ignoring Vehicle Maintenance
Drivers are required to maintain a safe vehicle at all times, but you may be able to get away with some problems if the weather’s good. But failures become more likely if it’s cold, wet, or snowy.
Bald tires won’t work well if the road is wet or snow-covered. Worn brake pads are not good, but they’re worse if they’re wet. Worn windshield wipers aren’t a problem when the weather is dry, and the windshield is clear. If all wipers do is smudge water and grime on the windshield instead of clearing it, a driver may not fully see a dangerous situation ahead.
- Sudden Lane Changes in Low Visibility
Changing lanes requires extra caution when fog, heavy rain, or blowing snow reduces visibility. Drivers who suddenly change lanes when visibility is poor without first ensuring it’s safe to do so, or who fail to use turn signals to warn other drivers of their intentions, act negligently. Proper practice is to use signals well in advance, check mirrors and blind spots multiple times, and change lanes slowly and deliberately.
- Passing When Visibility Is Limited
Attempting to pass other vehicles when weather conditions limit visibility is extremely dangerous. Fog, heavy snow, or driving rain can hide oncoming traffic, making passing potentially deadly. Reasonable drivers wait for clear conditions and adequate visibility before trying to pass. Those who aren’t patient enough and cause head-on collisions cannot claim the weather as an excuse.
- Driving Despite Inability to Clear Windows
Peering through a small cleared section of a frosted or fogged windshield while the rest remains obscured is negligent driving. Before operating a vehicle in snowy weather, drivers must properly clear all windows, mirrors, and lights. The vehicle’s defrosting systems must also be up to the job. Causing an accident because you couldn’t see a pedestrian, vehicle, or obstacle is a failure to exercise reasonable care.
- Continuing to Drive in Conditions Beyond Your Abilities
Sometimes the most reasonable thing to do is not drive. If conditions are unsafe, don’t start your trip, or if you’re on the road, pull over and wait for conditions to improve. If the weather and driving conditions become so severe that you cannot safely control your vehicle despite taking reasonable precautions, continuing to drive is negligent. A reasonable driver recognizes their limitations and those of their vehicle and decides not to start a trip or stop driving until it’s safe to do so.
If another driver makes these mistakes, doesn’t take extra precautions when driving conditions are bad, and causes an accident that results in your injuries, you may have a valid personal injury claim for compensation for the harm you suffered. Under Kentucky’s comparative negligence law, if you make some of these mistakes, too, and are partially to blame for the crash, your recovery will be cut by your share of the responsibility.
What Comes Next?
If you suffer severe injuries in a vehicle accident caused by another party, get help from an experienced attorney. Call the Fleck Firm at (270) 446-7000 to schedule a free consultation today.
We can discuss the crash, your injuries, Kentucky law, and what you should do next. We will fully inform you of your rights, the challenges ahead, and the strengths of your case. Insurance companies have lawyers. You should have one, too.
