How Weather Conditions Impact Liability in Auto Accidents

Imagine you’re driving back home in Sacramento and the storm arrives. The road is slick, visibility drops to zero, and suddenly, you’re caught in a collision.

Now what? Would you immediately point to the sky and declare, “It was the rain!” or “The fog made it impossible to see!” Or you would simply blame it on the other driver. It sounds logical, right? If nature caused the conditions, how can a driver be held responsible?

But the fact is that, in California, bad weather isn’t a free pass. Rain, fog, or glare don’t excuse negligence. They actually raise the duty of care every driver must follow.

At Doyle O’ Donnell, our auto accident lawyers have guided countless Sacramento drivers through these stormy claims. And in this blog, we’ll break down how weather affects liability and what you can do to protect your rights.

Why Bad Weather Doesn’t Excuse Negligence?

For an accident to count as an “Act of God,” the weather has to be the only cause, with no mistakes by any driver. But this rarely happens.

In reality, such accidents happen because a driver didn’t adjust to the conditions, like driving too fast, not keeping a distance, or failing to turn on headlights. So, the weather might create danger, but it’s usually a driver’s response to that weather that determines who’s liable.

The Foundation of Fault - California’s Basic Speed Law

The backbone of nearly all weather-related personal injury cases in Sacramento is the California Vehicle Code Section 22350, which is also known as the Basic Speed Law.

According to it, drivers should never drive faster than what’s safe for the current traffic, weather, and road conditions.

• If the posted speed limit is 65 MPH, but visibility is only 100 feet due to fog, driving 65 MPH is automatically negligent.
• Drivers are expected to understand how weather changes road conditions, like reduced grip, longer stopping distances, and the risk of hydroplaning. If they don’t slow down, leave extra space, or use proper lights, they’re breaking their duty of care.

So, if faced with an accident due to another driver’s negligence on a stormy day, the insurance adjuster may claim the crash was unavoidable.

But as your auto accident attorney in Sacramento, our job is to show that the accident could have been prevented and that a careful, reasonable driver would have taken the precautions the at-fault driver ignored.

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How Does Different Weather Increase Accident Risk?

Bad weather doesn’t automatically cause accidents. Unsafe driving in bad weather does. 

1. Heavy Rain

Roads get slippery fast, mainly in the first few minutes of rain. Driving too fast or having poorly maintained tires or wipers could be risky. If a driver hydroplanes because their tires were bald, they’re still responsible.

2. Fog & Wildfire Smoke

Both make it hard to see what’s ahead. If a driver is not using headlights or following too closely or is unable to stop in time, they’re at fault for rear-end crashes.

3. Sun Glare

Even bright sunshine can block a driver’s view. If a driver doesn't slow down or doesn't use simple tools like sunglasses or a sun visor, they can be held responsible for missing a stop sign or hitting someone.

4. Ice & Black Ice

It's rare but dangerous in areas near the Sierra or during cold snaps. Driving too fast or not preparing for icy conditions could be risky. Drivers often lose control on ice because they don’t slow down. This counts as careless driving.

Pure Comparative Negligence Factor in California

In California, liability works on a Pure Comparative Negligence system. This means more than one driver can share fault. Even if you’re partly responsible, you can still get compensation; it’s just reduced by the percentage of fault assigned to you.

For example, if you were injured in a fog-related pileup. The total damages are $100,000.

• The driver who hit you was found 80% at fault for speeding.
• You were found 20% at fault because you didn't turn on your fog lights immediately.

Under Pure Comparative Negligence, you would still be able to recover $80,000, which is 80% of the total damages. This system is a powerful tool because it stops insurance companies from simply saying, "The weather made you partly responsible, so you get nothing."

That’s why hiring our skilled personal injury lawyer in Sacramento is very important. We fight to minimize your assigned percentage of fault and maximize the recovery from the other negligent driver.

When Other Parties Might Share Liability

In some situations, fault may lie not only with the driver. Other parties can also be held liable and asked to pay a part of the compensation.

• A government or municipality (city, county, state) responsible for maintaining roads, if they failed to warn drivers of hazards (like black ice), did not take care of roads, or provided improper drainage leading to flooding.
• Road designers or contractors, if a road’s design, like poor drainage, poor slope, or bad signage, makes it dangerous in any particular weather.
• In some cases, a vehicle or parts manufacturer may be responsible if faulty brakes, worn-out tires, or defective parts played a role.

When liability has to be shared by multiple parties, the case becomes more complex, and you need the help of the best Sacramento auto accident attorneys like Doyle O’ Donnell.

Frequently Asked Questions About Weather and Accident Liability