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How to Determine Fault in a Weather-Related Car Accident

Accidents can happen at any time. However, the challenges of driving in inclement weather make them even more likely. If you’re involved in a weather-related accident, it could be hard to tell whether it was you, the other driver, or the weather that truly caused the accident. Taking the time to determine fault, though, is crucial so that you can eventually settle things with your insurance company.

Check For Dash Cam Footage

If either you or the other driver involved had a dashcam, then it could be fairly easy to determine who was at fault for the accident. A dashcam can clearly show whether or not the weather conditions played a role in causing the accident or increasing its severity. Fortunately, more and more drivers are installing dash cams, meaning that even if you don’t have one installed, the other driver or another nearby motorist may have had their camera rolling.

Interview Eyewitnesses

Eyewitnesses play a key role in determining fault in any accident, but especially when that accident involves inclement weather. Eyewitnesses can provide a “bird’s eye view,” so to speak, as they can see everything that was going on with the drivers involved and any other motorists who were nearby. If they can state, for example, that other cars had trouble navigating a certain section of road due to standing water, then it makes a case that neither driver was ultimately at fault.

Consult The Weather Report

If there was inclement weather in your area, the accident could have been caused by a sudden strong gust of wind or burst of rain. That’s why it’s a good idea to consult the weather report to see if anything unusual occurred around the time of the accident. Since it could be difficult to present this evidence to an insurance company, it’s important to have a car accident lawyer to help interpret the evidence so that it can be used in your favor.

Take A Look At The Scene

Gathering clues from the scene of the accident could help determine who or what caused the accident. Taking a look at skid marks, obstacles on the road, the final position of the vehicles, and other evidence can go a long way toward reconstructing what happened during the accident. Since some evidence won’t stick around long, it’s important to take multiple pictures of the accident scene as soon as it is safe to do so.

Inclement weather can take an already stressful situation like a car accident and make it even worse. However, panicking will only make the situation more difficult. Do your best, then, to take deep breaths and focus on staying calm so that you can take on the task of sorting out insurance, towing, and all of the other accident scene essentials.

Author information: Anica Oaks is a professional content and copywriter who graduated from the University of San Francisco. She loves dogs, the ocean, and anything outdoor-related. She was raised in a big family, so she’s used to putting things to a vote. Also, cartwheels are her specialty. You can connect with Anica here.


Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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