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ChatLiving in Rhode Island and Massachusetts, we are no strangers to unpredictable weather. From sudden summer downpours and thick coastal fog to the treacherous ice and snow of a New England winter, driving conditions can turn dangerous in an instant.
When a crash occurs during a storm, the driver at fault often tries to point the finger at the elements. You might hear them (or their insurance company) say, “The road was just too slippery,” or “I couldn’t see because of the rain.”
But does bad weather actually excuse a car accident?
The short answer is: No. In the eyes of the law in RI and MA, weather conditions rarely absolve a driver of liability. Here is what you need to know about navigating a personal injury claim after a storm-related crash.
The “Duty of Care” Doesn’t Take a Snow Day
In both Rhode Island and Massachusetts, every driver owes a “duty of care” to others on the road. This means operating your vehicle in a way that is safe and reasonable given the current conditions.
Negligence is defined by what a “reasonably prudent person” would do in a similar situation. A reasonable driver knows that rain, snow, and ice require adjustments. If a driver fails to adjust their behavior to account for the weather, they are likely negligent.
Common examples of “weather-related” negligence include:
- Speeding for Conditions: Even if a driver is traveling at the posted 55 mph speed limit, that speed may be dangerously fast during a blizzard or torrential rain.
- Following Too Closely: Stopping distances increase significantly on wet or icy roads. Drivers must leave extra space to avoid rear-end collisions.
- Failure to Maintain the Vehicle: If a driver’s bald tires caused them to hydroplane, or if broken windshield wipers prevented them from seeing the road, they are responsible for that lack of maintenance.
- Distracted Driving: Negotiating a storm requires 100% of a driver’s attention. Using a phone during bad weather further compounds their liability.
The Myth of the “Act of God” Defense
Insurance companies occasionally try to use the “Act of God” defense to deny claims. This legal concept refers to an overwhelming, unforeseeable natural event that no human could have prevented.
However, in the context of New England car accidents, this defense rarely holds up. Snow in January or rain in April is entirely foreseeable. Drivers are expected to check the forecast and prepare. Unless a truly freak occurrence happens – such as a tree suddenly falling directly onto a moving car during a hurricane – the driver is still expected to maintain control of their vehicle.
Investigating a Storm-Related Accident
Proving liability after a crash in bad weather requires a thorough investigation. At Bottaro Injury Lawyers, we look at several factors to build a strong case for our clients:
- Weather Reports: We gather official meteorological data from the time and location of the crash.
- Vehicle Inspection: We check the condition of the at-fault driver’s tires, brakes, and wipers.
- Scene Evidence: Skid marks (or the lack thereof) and the position of the vehicles can tell a story about speed and braking patterns.
- Police Reports: We look for citations issued for “driving too fast for conditions.”
How Comparative Negligence Works in RI & MA
It is important to remember that Rhode Island and Massachusetts follow “comparative negligence” rules.
- Rhode Island is a pure comparative negligence state, meaning you can recover damages even if you were partially at fault, though your recovery is reduced by your percentage of fault.
- Massachusetts follows a modified comparative negligence rule (the 51% rule). You can recover damages as long as you are not more than 50% at fault for the accident.
Insurance companies often try to shift some of the blame onto the victim during storm-related crashes. This is why having an experienced personal injury attorney is vital to ensure your rights are protected.
Here for You: Help for Storm-Related Crashes in RI & MA
If you or a loved one has been injured in a car accident during bad weather, don’t let the insurance company blame the clouds or the snow. Drivers are responsible for their actions regardless of the forecast.
At Bottaro Injury Lawyers, we have decades of experience handling complex car accident claims across Rhode Island and Massachusetts. We know how to investigate these crashes and hold negligent drivers accountable.
It’s Good to Know Mike Bottaro – 24/7 Top-Rated Personal Injury Help
At Bottaro Injury Lawyers, we care for people. Attorney Mike Bottaro and his award-winning legal team handle all types of personal injury cases throughout Rhode Island and Massachusetts. We can even help on cases in other states as well. We pride ourselves on our honesty, integrity, and results. Contact us 24/7 in any method you prefer for a fast, free, and confidential consultation about your case. Text or call us at 401-777-7777 or fill out our free and confidential online form. We are here to serve and help you!