As much as South Florida is known for its sunny, beautiful beaches, it is also notorious for rainstorms and hurricanes. Like any subtropical climate, Florida is susceptible to weather that changes in an instant. Unfortunately, many drivers do not change their actions when confronted with inclement weather, making dangerous maneuvers or driving too fast, which may lead to serious accidents and injuries. The Miami car accident attorneys at the Law Offices of Robert Dixon help victims who have been injured in a weather-related accident seek financial compensation from another driver.
Wet Road Accidents
South Florida is no stranger to wet weather. However, some residents, as well as tourists, are inadequately prepared to deal with the effects of wet roads. This lack of preparedness, combined with other issues that come with wet roads, may lead to serious accidents and significant injuries. Many road hazards may result from even a slight drizzle. Given the region’s tendency for much larger volumes of rainfall, these hazards increase. Puddles forming in potholes, as well as oil rising from the surface of a road, make driving after a storm all the more dangerous. The slippery surfaces that result after rain may affect the friction or grip that tires have when traveling.
Taking Steps to Avoid Wet Road Accidents
There are some simple steps that drivers may take to reduce the chances of their vehicles being involved in a wet road accident, including:
- Checking tires for wear and tear, and making sure that they are inflated properly;
- Ensuring that windshield wipers are working properly and replacing them when necessary;
- Traveling more slowly during stormy weather;
- Trying to avoid puddles while driving, if safely possible; and
- Traveling an extended distance behind other vehicles.
Visibility also becomes an issue during heavy rain. Decreased nighttime vision, combined with fog or other weather that affects drivers’ ability to see properly, may contribute to a wet road accident.
Bringing a Claim Based on a Weather-Related Accident
The Federal Highway Administration has stated that almost 25 percent of motor vehicle accidents involve weather activity of some variety. In South Florida especially, thunderstorms, high winds, fog, hail, and other severe conditions may appear suddenly. Most often, the culpable party for the injuries incurred in a weather-related accident is a negligent driver who fails to act in accordance with the weather conditions that are confronting them. However, sometimes, a weather-related accident may be due to debris that blows into the road, unsecured cargo falling from a truck, a driver with impaired vision because of rain, or another factor. Even if a collision only involves a single vehicle, other parties often may still be held accountable for the injuries, such as when a driver fails to secure their load properly to account for weather.
When a negligent driver does not match their driving practices with the situation at hand, victims injured in a weather-related accident may pursue a personal injury claim for damages. Negligence is present when a defendant breaches their owed duty of care to the victim, causing injuries and resulting in damages. All motorists owe one another a duty to act as a reasonable and prudent driver would act in the same or similar circumstances. A driver speeding through fog or heavy rain, or texting in such conditions, may be found to have acted unreasonably and thus breached the duty of care. A victim who shows the defendant’s negligence usually can recover damages for past and future medical expenses, loss of income and earning capacity, and pain and suffering, among other economic and non-economic losses.
When multiple parties were at fault for an accident, victims may recover compensation in proportion to each defendant’s degree of liability. Because of the nature of these accidents and insurance companies’ inclination to deny claims based on “acts of God,” it is important to consult a seasoned injury attorney who can assist you in determining the root of a collision.
Establishing Liability for Your Injuries
Drivers are required to adjust their speed and driving behavior according to weather conditions. When a driver fails to do so and causes an accident, they may be held responsible for any harm that results. If you have been injured in a crash that occurred during wet conditions, you may file a personal injury claim against the at-fault party, alleging negligence. This may be established by a showing that the defendant’s actions constituted a breach of their duty to act as a reasonable and prudent person would behave under similar circumstances. Drivers who are tailgating or speeding during a storm, for example, probably would be seen as acting unreasonably.
Once a breach is shown, a victim must also prove that their injuries were caused by the careless action and that quantifiable damages arose. Damages that may be available for injured victims include past and future medical expenses, lost earning capacity and income, and repairs to a vehicle, as well as compensation for pain and suffering and more subjective forms of harm.
