Do weather conditions excuse a driver’s supposed negligence?

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3/27/2009
Nick Lombardi
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Do weather conditions excuse a driver’s supposed negligence?

This week we are covering highway accidents and how to look at the issue of negligence. On Monday we covered mistakes in passing on a two-lane undivided roadway; then Tuesday we wrote about heading the wrong-way on a four-lane divided interstate highway; Wednesday we discussed crossing the center line that kills the one main witness who could explain why their vehicle may have come across the center line; and Thursday we covered whether medical conditions can overcome allegations of negligence. Thursday’s case we used the report of a driver charged with reckless driving that led to the injury of a Wisconsin State Trooper.

Today we are going to cover whether weather conditions are a factor that gets the negligent driver off the hook.

Going back to the Corallville Courier report of December 17, 2008 we can read about the collision. The gist of the report is as follows.

“The preliminary investigation indicates the driver of the southbound car lost control, crossed the center line and was struck broadside by the northbound semi- tractor trailer. Both occupants of the car were killed in the collision. Neither the driver nor passenger of the semi was injured.”

What if the roads were slick and the driver lost control? Is that enough to excuse them? The answer is no it is not. We live in Iowa a place where everyone knows our winters include snow and icy conditions on the roads especially during the month of December. Drivers know this and it’s no excuse when they fail to take into consideration that the roadway may be slick. Most of the time due care requires us to simply slow down. There are times when the answer may be stay home or pull off the road and wait till the weather and traffic clears.

I’ve covered this before as blogs, FAQ and news items. If you’re interested read the other posts that discuss this point.

Am I at fault if I crash into someone else while driving in dense fog?

If while driving under the speed limit, I rear-end someone in a rain storm will they consider me at fault for the accident? I've seen two PI lawyers who say the driver was at fault. What should I do?

Driver Safety: Does snow and ice on the road excuse the driver’s negligence?

Even as bad as Iowa and Illinois weather gets, it's still the driver whose fault causes the accident.

Category: Car and Tractor Trailer Accidents

Labels: accident auto collision excuse fault iowa Lombardi negligence truck weather wreck

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