We have already seen the first hurricanes of the year forming and making landfall in the US, with recent Florida rainstorms causing mayhem on our roads. Bad weather can be annoying if it cancels your summer cookout, but it can potentially cause many more serious issues. Driving always has some risk, with highspeed drivers all around you. But hurricane-level winds, storms, and rainfall make driving even more dangerous. If you were injured on a Florida road due to another driver’s lack of care during bad weather, you still have the right to seek compensation.
Driving Considerations and Liability Concerns During Hurricanes and Bad Weather
During a hurricane, storm, or day of terrible weather, we don’t and shouldn’t expect drivers to drive the exact same way they do on regular days of the year. Safely driving through high winds, heavy rainfall, and reduced visibility isn’t possible when driving as fast as you would a clear day. Florida law, for example, mandates that drivers always drive while “having regard to the actual and potential hazards then existing.” Simply put, what’s happening around the car matters, and drivers may need to reduce speed, use headlights and hazard lights more frequently, and maintain greater distances from other vehicles when weather requires it.
Failure to adjust driving behavior appropriately can lead to tickets, charges, or negligence claims if it results in an accident. Drivers have an assumed “duty of care” to others on the road. Someone flagrantly ignoring road conditions can be seen as breaking this duty of care, and they may face legal repercussions.
Hurricanes and storms also present road hazards like deep puddles and debris. Drivers are expected to exercise extreme caution; sometimes, it might be advisable to avoid driving altogether. Even if no one hits a piece of debris or gets stuck on the road, the presence of these specific conditions can complicate fault determinations. For instance, if a driver loses control while speeding and attempting to dodge debris, they can be held liable if they hit another vehicle or cause another to veer off the road.
Non-Driver Related Accidents
Accidents that occur due to bad weather conditions don’t always involve more than one car. If you are involved in an accident such as a turnover or offroad crash, it may not be your fault. Hurricane conditions often degrade road infrastructure, and perfect drivers can fall victim if conditions worsen to the point of danger. Flooded streets due to mismanagement, missing signage, and fallen tree limbs from overhanging trees are common during hurricanes and pose serious hazards.
Local governments usually maintain roads and keep them safe and clear of hazards. However, the rapid onset of extreme conditions can make this challenging during a hurricane. The municipality could be liable for inadequate storm preparation, like failing to clear known road hazards. Proving negligence would require that the government had adequate time and resources to address the issue but failed to do so.
Debris on the road may also result from negligence. While hurricanes can scatter natural debris, they can also introduce road hazards that were not properly stored. For example, if debris from a construction site hits a car, the property owner or contractor might be liable due to their lack of preparation and care. These considerations are not unique to car accidents, as similar issues arise when outdoor furniture or items from one neighbor’s yard damage another neighbor’s property. Like proving negligence on the part of local governments, providing negligence in these cases can be challenging.
Anytime you are unsure of the strength of your legal case, the best way to find out what next step to take is by talking with an attorney. During an initial consultation, you can learn whether negligence applies, who may be liable for your injuries, and what sort of relief you can expect. Even if it is tough to establish liability, some insurance companies may decide to settle to limit risk and prevent a case from worsening later on. You never know what to expect until an attorney uses their experience to gauge your situation and determine if proceeding is a good idea.
Probinsky & Cole can help if you were injured on the road in Florida, regardless of road conditions or what caused them – bad weather or otherwise. Whenever you are injured due to negligence on the part of a government, business, or another person, you deserve compensation to make things right. Contact us today to schedule your free consultation and learn more about your options.
