How Weather Can Cause Car Accidents in New York?

The weather in New York can be unpredictable. This unpredictability can be problematic for drivers trying to navigate the road safely. Although severe weather events such as blizzards or hurricanes are responsible for substantial damage to people and property, it’s average weather occurrences like heavy rain that contribute to car accidents.

Whether it’s a category 5 hurricane or a foggy morning, weather conditions are responsible for countless car accidents in New York. However, the vast majority of serious car accidents occur as a result of human error, not the weather. Typically, car accidents that occur in part because of the weather are a consequence of the weather and the driver’s negligence.

Knowing this, you should always explore your legal options for pursuing compensation from liable parties after your collision. A New York car accident lawyer can help you investigate your accident, determine fault, and seek the maximum amount of damages available for all of your losses.

After an accident, many drivers claim that the weather was a contributing factor that led to the crash.  However,  after an accident, very few reports list weather as a contributing factor.

Accident reports prove that human factors — including driver error — contribute to the vast majority of accidents in the state of New York. The disparity becomes even greater when considering accidents that resulted in injury or death.

Looking at the weather-related car accident fatalities chart above, you can see that 89% of all fatal crashes involve human contributing factors, compared to just 8% that involve environmental factors. Similarly, 86% of all injury accidents involve human contributing factors, and just 10% involve environmental ones.

Diving into respective categories, 0.24% of human-related crashes lead to a fatality, and 30% lead to an injury. By comparison, 0.095% of environment-related crashes lead to a fatality, and only 15% lead to an injury.

Based on this data, one can conclude that not only are weather-related crashes less likely to happen, but they are also half as likely to cause an injury or a death compared to an accident involving a human contributing factor.

In the eyes of New York law, “bad weather” is a predictable part of driving. Every motorist owes a Duty of Care to others on the road, which means they must act with the same level of caution that a “reasonably prudent person” would use in similar conditions.

When a driver fails to adjust their behavior to account for rain, snow, or fog, they are no longer just a victim of the weather; they are negligent. Here are four common ways driver negligence leads to “weather-related” crashes:

A car is only as safe as its contact with the road. If a driver operates a vehicle with bald tires or worn-out brake pads, they have already breached their duty of care before the first raindrop falls. In New York, hydroplaning is often less about the depth of the puddle and more about the lack of tire tread. A driver who fails to maintain their vehicle is liable for the resulting loss of control.

One of the most common misconceptions is that you are safe from a ticket or liability as long as you are driving the posted speed limit. However, New York law requires drivers to maintain a “reasonable and prudent” speed for the actual conditions.

If it is snowing heavily, 55 mph in a 55 mph zone is almost certainly negligent. If you cannot maintain control of your vehicle at the speed you are traveling, you are speeding for the conditions.

Braking distances can double or even triple on wet or icy pavement. A driver who follows at a “normal” distance during a storm is actually tailgating. If a lead car brakes and the following car slides into them, the weather is rarely considered the primary cause; the failure to allow for a safe stopping distance is the human error that leads to the claim.

Bad weather requires 100% of a driver’s cognitive focus. Taking your eyes off the road for even two seconds to check a text or adjust the GPS is dangerous in clear weather—in a storm, it’s catastrophic. Because reaction times are already slowed by slippery roads, the “split second” lost to a distraction often makes the difference between a near-miss and a fatal collision.

The following are the listed environmental factors on crash reports from the state of New York in 2018, along with their frequency:

As you can see, most of these environmental factors do not involve the weather. Yet, many listed conditions can be caused by severe weather conditions.

Based on this list, along with everyday knowledge of New York weather, one can determine that the following weather factors could contribute to an accident:

If you are involved in an accident in Long Island or the NYC area, do not make assumptions about what did or did not contribute to your accident. Do not admit fault, and do not assume that environmental conditions were the sole cause of your accident.

Instead, investigate the circumstances of your accident with the help of an experienced Long Island car accident lawyer. An attorney can gather evidence, research applicable laws/prior case outcomes, hire experts, and determine fault using their knowledge and experience.

When reporting your accident, be truthful to police respondents, but avoid making assumptions. That includes making statements like “the rain caused the accident”. Also, avoid volunteering information or accepting blame for the accident — e.g., “I didn’t have my fog lights on, so I couldn’t see. Answer questions honestly, but avoid appearing to admit fault or wrongdoing.

Statistically speaking, an accident is likely to have one or more contributing human factors, even if severe weather was involved. Therefore, it’s important to wait for the results of an independent investigation before concluding what caused your crash.

If your crash was caused by another driver, then you can seek damages from the driver for all costs not covered by your no-fault insurance policy. If weather and human factors both contributed to your crash, then the other driver (or drivers) who were negligent still have to pay for the percentage of fault they contributed based on New York law.

Many drivers assume that if their car skidded on black ice or hydroplaned during a heavy downpour, they are automatically at fault and barred from seeking compensation. In New York, this is a misconception.

New York follows a legal doctrine known as Pure Comparative Negligence. This means that in any personal injury case, the “fault” can be shared among multiple parties—including the environment.

When an accident occurs during bad weather, a jury or insurance adjuster will look at the total “pie” of fault (100%). Even if the weather played a role, they will look for human factors that exacerbated the situation:

Under New York law, you can still recover damages even if you were partially responsible for the accident. However, your total compensation will be reduced by your percentage of fault. For example, if your total damages are $100,000 and you are found 20% at fault, you would receive $80,000.

In New York, the law expects you to act as a “reasonably prudent person” would under similar circumstances. This means that “the weather made me do it” is rarely an absolute defense. If a reasonable person would have slowed down, increased their following distance, or turned on their wipers, and you didn’t, you may be held liable for negligence despite the storm.

After an accident, speak to a New York car crash attorney as soon as possible, before reaching out to insurers about your claim. A Long Island car accident lawyer can not only help you investigate the fault, but they can also help you calculate the full amount of damages caused by your collision.

Do not assume that the weather was the sole cause of your accident. You have the right to determine fault through an independent investigation, and your findings could form the basis of a liability insurance claim against one or several at-fault parties.

If you have been hurt in a crash, call TonaLaw – a New York Personal Injury Law Firm. We are ready to provide you with the guidance and experienced legal counsel you need to seek the maximum amount of compensation. Schedule a free, confidential, no-obligation case review now when you call 833-866-2529 (833-TONA-LAW) or contact us.