• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Whiplash & Whiplash Injury St. Louis

Whiplash & Whiplash Injury St. Louis

  • Whiplash
    • What is Whiplash?
    • How Long Does Whiplash Last?
  • Symptoms
  • Treatment
    • Exercises
    • Physiotherapy
    • Surgery
  • Compensation
  • Car Accident
    • What to Do When You Get in a Car Accident
    • The Most Common Causes of Car Accidents
    • Wrong Way Car Crash
    • Why Hire a St. Louis Car Accident Lawyer?
    • Injuries
      • Brain Injury
      • Delayed Injuries
      • Head Injury
      • Leg Injury
    • T-Bone Accident
    • Uninsured Motorist
    • Who Pays My Medical Bills?
  • Whiplash St. Louis Blog

Who Is at Fault for a St. Louis Car Accident in Bad Weather?

October 12, 2020 by Christopher

If you’ve been involved in a bad weather car accident, you may be wondering how this affects fault and negligence in your case.

Like many other cities in the Midwest, St. Louis is often subject to seriously inclement weather that can affect driving conditions, such as powerful summer storms, fog in the autumn and spring, and sleet, snow, and ice in the winter. 

st louis weather related accident

If you’ve recently been in an accident and are looking for a St. Louis car accident attorney, you may be wondering if the weather will affect fault and negligence in your case.

You Still Have The Duty To Drive With “Due Care” During Inclement Weather Conditions 

The law – and auto insurance companies – require you to take “due care” and drive responsibly in all types of weather. Severe weather and poor road conditions do not exempt anyone from this responsibility. 

Simply put, no matter the weather conditions, you must drive responsibly. For example, driving slower than the posted speed limit in a major downpour, taking turns with caution when the road is icy, and even pulling over to stop driving if the conditions are so severe that you cannot see due to poor visibility. 

So if you want to make sure you avoid an accident in bad weather, drive safely – and try to avoid driving in weather that would be extremely dangerous due to low visibility or severe road conditions. 

You also must keep your car in good shape. Make sure your tires are adequate for rain or snow, fill up with windshield wiper fluid, and always keep your mirrors and windshield clean to enhance visibility and prevent fog buildup.

Responsibility in a Bad Weather Car Accident

If you take a turn too fast when it’s icy, spin out, and strike another vehicle, you will usually be found to be responsible for the accident. The police and authorities may note the weather as a contributing factor, but it generally will not change who is at fault.

On the other hand, if you take a turn and someone rear-ends you because it’s foggy and they were speeding, they will likely be found to be at fault, even if the visibility was bad. The person responsible for causing the crash will usually be found responsible – even if the weather is bad.

However, Missouri does have a “shared fault” law. If both drivers lose control of their cars and hit each other, the police and insurance companies may allocate “50%-50% fault.” This means that you may still file a claim against the responsible party, but your damages may be limited by 50% due to your involvement in the accident. 

Injured in a St. Louis Car Accident Involving Bad Weather?

If you have been hit because another driver lost control of their vehicle during bad weather, you will benefit from discussing your accident with a car accident lawyer in St. Louis. Contact an attorney in Missouri right away for a free case review, and get the assistance you need. 

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Related Posts:

  • St. Louis Car Accident Attorney
    St. Louis Car Accident Attorney
  • When to Get a Lawyer in a St. Louis Car Accident
    When to Get a Lawyer in a St. Louis Car Accident
  • Pre Existing Injury Aggravated in Car Accident
    Pre Existing Injury Aggravated in Car Accident
  • What You Can Do to Avoid a Car Accident on Your Next Road Trip
    What You Can Do to Avoid a Car Accident on Your Next Road…
  • St. Louis Bus and Taxi Accident Claims: What Are Your Rights?
    St. Louis Bus and Taxi Accident Claims: What Are Your…
  • St. Louis Car Accident Involving an Uninsured Driver
    St. Louis Car Accident Involving an Uninsured Driver

Filed Under: Whiplash St. Louis Blog Tagged With: weather

Footer

The Hoffmann Law Firm, L.L.C.
130 S Bemiston Ave # 603
St. Louis, MO 63105
(314) 361-4242

Free Consultation Request

    RSS Car Accident Lawyer & Auto Accident Attorney St. Louis

    • Yellow Light Accident Lawyer St. Louis
    • How Cold Weather Can Increase Your Risk of a St. Louis Car Accident
    • Receiving Medical Care After a Car Accident
    • 3 Common Brain Injuries That Occur in Car Accidents 
    • St. Louis Pile-Up Car Accident Lawyer
    • St. Louis Car Accident Cause by Failing to Use Turn Signals
    • Can Car Safety Features Cause Accidents and Injuries?
    • 5 Face Injuries Common in Car Accidents
    • 3 Types of Evidence to Prove a Drowsy Driver Caused Your St. Louis Car Accident
    • Leg Injuries from Car Accidents

    Copyright © 2023 The Hoffmann Law Firm L.L.C.
    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.