Missouri is no stranger to severe, unpredictable weather. If you’re driving in heavy rain, fog, snow, wind, or ice, you must adjust how you drive to match the conditions. In a weather-related car accident, determining fault can be tricky. However, whether you or the other involved driver is held liable will depend on how reasonable your driving was under the circumstances. Scroll down to learn more about determining fault in weather-related car crashes in Missouri.
What Are Your Responsibilities When Driving in Bad Weather?
Under R.S.Mo. § 304.012, Missouri drivers must always exercise the highest degree of care. This includes driving in bad weather. To avoid a weather-related car accident, you must do all of the following:
- Drive safely under the conditions, which might include driving under the posted speed limit.
- Keep control of your vehicle.
- Take all necessary precautions, including using headlights during the day in low-light conditions (heavy rain, fog, or snow) and increasing your following distance.
You can be found liable for causing a crash if you were traveling at the posted speed limit when it wasn’t safe to do so based on the conditions. You can also be held liable if you follow another car too closely, fail to use your headlights in heavy rain or fog, or fail to maintain control of your car.
Determining Fault in Missouri Bad Weather Accidents
After a weather-related car accident in Missouri, your insurance company, the other driver’s insurance company, your attorney, and the court (if your case goes to trial) will look at how you and the other driver responded to the inclement weather conditions to determine fault. For example, if you had a crash while driving in heavy fog, some of the factors that might be considered include the following:
- Did you and the other driver have your headlights and taillights on?
- Were either of you driving too fast for the conditions?
- If your crash was a rear-end accident, was the rear driver following too close?
- Did either of you fail to follow the lane markings and drift into the other lane?
- Were either of you driving while impaired or distracted?
Comparative Negligence and Bad Weather Car Accidents
Missouri has a pure comparative negligence rule codified in R.S.Mo. § 537.765 for product liability claims. For tort claims such as for car accidents, the state has a joint and several liability rules found in R.S.Mo. § 537.067.
Under this law, all defendants in an injury claim who are 51 percent or more at fault will be jointly and severally liable for the damages. If someone is less than 51 percent at fault, they are responsible only for their percentage of damages. Any recovery will be reduced by the person’s share of fault. For example, if you’re found to be 20 percent at fault for a weather-related car accident, your damages award will be reduced by 20 percent.
Perhaps the other driver was speeding in heavy fog and rear-ended your vehicle, but you had your headlights and taillights off. In this case, you might share liability. Your percentage will be determined under the circumstances. You’ll still be able to recover damages for your losses, but your total recovery will be reduced by the percentage of fault assigned to you.
Factors in Determining Fault
Some of the factors that will influence the determination of fault include the following:
- The weather conditions and their impact on driving
- Road conditions, including potholes, pooled water, or other problems caused by poor maintenance
- Traffic signs or signals in the area where you crashed
- Police officer’s report
- Witness statements
- Accident reconstruction expert testimony
- Each driver’s actions before the crash, such as speeding, headlight use, following distance, distracted driving, or impaired driving
A shared fault finding is common after weather-related crashes. In some cases, a third party might also be liable. For example, if your accident was partially caused by a poorly maintained road, the city or another responsible party might share liability.
Talk to Our Experienced Car Accident Lawyers
If you’ve been involved in a crash because of bad weather, you might be entitled to compensation. The experienced attorneys at the Law Offices of Bryan Musgrave can provide helpful guidance. To receive a free consultation, contact us today by calling 417-322-2222 or sending us a message online.