Who is Liable in a Weather-Related Accident?| Michles & Booth

Determining liability when in an accident with a distracted driver is easy, but what happens when the cause of your accident is weather-related? To better understand where your weather-related accident stands, our car accident attorneys at Michles & Booth, P.A. are here to answer your question and provide insight into how this can affect your car accident claim.

Liability

Drivers must act with caution when they take the road, regardless of weather conditions. Let’s say the car in front of you is speeding in the rain and hits a large puddle which causes them to hydroplane, thus causing a pileup behind them. In this case, the speeding driver would be found negligent, and weather cannot be used as a defense when seeking a claim.

It’s crucial to understand that drivers decide to drive in inclement weather, leaving them liable for any accidents that happen along the way. A driver can only use weather as a defense when they physically cannot avoid an accident (sudden emergency doctrine). This form of defense is called an “Act of God.” It is used to prove the driver's lack of liability in the situation. Lawyers use this defense in the event of natural disasters, like unexpected tornados.

Filing a Claim

Florida follows the pure comparative negligence rule, which allows victims to seek compensation for damages, even if they are partially at fault for their accident. No-fault insurance will pay 80% of medical expenses up to $10,000, no matter who is at fault before comparative negligence kicks in. If a driver is found partially liable for their own car accident, their total compensation will be reduced by the percentage they were deemed responsible for. For example, if a driver is found 30% at fault for their own accident, they will only be able to recover 70% of the total settlement/verdict.

Florida Car Accident Attorneys

Every car accident is different, so it’s crucial to speak with a skilled car accident attorney immediately. At Michles & Booth, P.A., we understand that all car accident victims should receive the compensation and justice they need to make a full recovery. When you’re ready, reach out to our legal firm today. We have offices conveniently located across Florida, and we do not charge fees unless/until we get you the compensation you deserve.

Take your first step towards recovery. Call our office at 850-438-4848 or visit our website to get started on a consultation request form.