Weather often plays a role in many car and truck accidents. Conditions such as rain, sleet, ice, snow, fog, and other related factors contribute to over 1 million auto accidents each year. Among these, slick roads from rain is the most common cause.

In Indiana, weather-related accidents can often complicate a personal injury case since allocating fault from inclement conditions can prove to be challenging. However, as a general rule, drivers in Indiana will typically be held responsible for the accidents they cause, even during poor weather.

Although drivers have no control over the weather, they do have the choice to drive in bad conditions and are required to exercise greater caution when doing so. Failing to adjust driving behavior to account for bad weather is often seen as a breach of a driver’s duty to exercise reasonable care on the road.

As with most accident cases, Indiana’s modified comparative fault rule would apply, meaning that an accident victim can still pursue a personal injury claim if they are found to be less than 51% responsible. However, the award amount will be reduced relative to the amount of fault attributed to them.

Various negligent actions can lead to a driver sharing fault during a bad weather accident. These include, but are not limited to: not using windshield wipers, failing to reduce speed when visibility is poor, driving with bald tires, or speeding.

In rare instances, a driver may invoke an “Act of God” defense, arguing they were not liable due to extremely unusual or unexpected weather conditions. For example, if a driver’s car is struck by lightening, causing an accident, they may not be held liable. The “Act of God” defense maintains that circumstances were so uncontrollable, a driver couldn’t reasonably be expected to manage the situation.

Every personal injury case is different and when unique circumstances are present, such as inclement weather, having an experienced personal injury lawyer by your side who is familiar with these types of cases will be instrumental to a successful outcome.

If you have been injured in a car or truck accident caused by rainy or inclement weather in Indiana, contact our law office and we will assess your case at no cost to you. We work on a contingency basis, meaning there is no cost unless there is a settlement or jury verdict award on your behalf.

Call 317-636-0808 or complete the contact form below for a FREE and confidential consultation.