A sudden downpour on the Turnpike or dense morning fog rolling across Central Florida can transform a routine drive into a hazardous situation. While many drivers blame the weather for a collision, Florida law sees it differently. Weather does not cause accidents; a driver's failure to adapt to the weather does.
Our firm investigates claims where weather was a factor to determine if a driver’s negligence was the true cause of the crash. We work to show how a failure to adjust for how weather affects car accidents in Florida is a breach of a driver's duty of care. This is where a car accident lawyer can help
Reading the forecast:
- Florida law requires drivers to operate their vehicles at a speed that is safe for the existing conditions, which may be much lower than the posted speed limit during bad weather.
- A driver cannot use weather conditions like rain or sun glare as a complete legal excuse for causing an accident; they are expected to take reasonable precautions.
- Official meteorological reports from sources like the National Weather Service can be powerful evidence to document the weather conditions at the precise time and location of a crash.
- Accidents caused by road hazards created by weather, such as a traffic light that is out after a storm, may involve claims against government entities.
Florida's Rain: More Than Just a Drizzle
Rain is a near-daily fact of life in Florida, especially during the summer months. This frequency can lead to driver complacency. When oil and other vehicle fluids mix with fresh rainwater, roads become exceptionally slick. A driver’s failure to account for these conditions often leads to preventable accidents.
The dangers of hydroplaning
Hydroplaning occurs when a vehicle's tires lose contact with the road surface and skim across a thin layer of water on the road. This results in a complete loss of steering and braking control. While it can feel like a random event, hydroplaning is often linked to driver negligence.
Several driver actions increase the risk of hydroplaning.
- Driving too fast for the conditions. The faster a vehicle is moving, the harder it is for the tire treads to channel water away, making a loss of traction more likely.
- Driving on worn or underinflated tires. Bald tires have no tread depth to grip the road in wet conditions. A driver is responsible for maintaining their vehicle in a safe condition.
- Making sudden maneuvers. Abruptly turning, braking, or accelerating on a wet road can easily overwhelm the tires' grip and initiate a hydroplane.
When we investigate a hydroplaning accident, we look at the driver's speed, the condition of their tires, and witness statements to determine if their actions were reasonable for the rainy conditions.
Reduced visibility in downpours
Florida’s subtropical storms can produce torrential rain that reduces visibility to near zero in a matter of seconds. Drivers have a legal obligation to adjust their driving to match these conditions.
This includes slowing down significantly, increasing following distance, and turning on their headlights to make themselves more visible to others. A driver who continues at full speed through a blinding downpour is acting negligently.
We can use official weather data to prove the intensity of the rainfall at the moment of the crash and argue that the at-fault driver failed to adapt.
The first fifteen minutes rule
The first fifteen minutes of a rainstorm are often the most dangerous. During dry spells, engine oil, grease, and other fluids accumulate on the asphalt. When rain first begins to fall, it lifts these slippery residues to the surface, creating a slick film that has not yet been washed away.
Drivers who fail to exercise extra caution during this initial period can easily lose control, causing multi-car pileups on major highways like I-95 or I-4.
The Challenge of Fog and Sun Glare
Visibility issues are not limited to rain. Florida’s geography and climate create other specific visual hazards that drivers must be prepared to handle safely. Both fog and sun glare can temporarily blind a driver, but the law still expects them to maintain control of their vehicle.
Navigating dense Florida fog
Dense fog, particularly in the inland areas around Orlando and across Alligator Alley, can be a major safety hazard. It distorts depth perception and dramatically shortens a driver's line of sight. The primary cause of accidents in fog is driving too fast for the visibility.
A driver should only travel at a speed that allows them to stop within the distance they can see ahead. Following another car's tail lights too closely is another common error that leads to chain-reaction collisions in foggy conditions.
Sun glare as a factor, not an excuse
The rising sun in the east over Pompano Beach or the setting sun in the west can create a blinding glare. Many drivers who cause rear-end collisions or run red lights will claim they were blinded by the sun.
However, sun glare is a predictable event. Drivers are expected to be prepared for it. Reasonable steps a driver should take to mitigate sun glare include:
- Using their vehicle's sun visor.
- Wearing sunglasses.
- Slowing down and increasing following distance when visibility is compromised.
- Cleaning their windshield to reduce the effect of the glare.
A driver’s failure to take these simple, reasonable steps can be used to show they were negligent. We can establish the time of day and direction of travel to show that the driver should have anticipated the glare and adjusted their driving accordingly.
Legal responsibility for visibility-related accidents
In any accident where visibility was a factor, the core legal question is one of reasonableness. Did the at-fault driver act as a reasonably prudent person would under the same circumstances? A prudent driver slows down, increases their distance from other cars, and uses available tools to see and be seen. We build cases that show how the at-fault driver failed to meet this basic standard of care.
Hurricanes and Tropical Storms: A Statewide Hazard
Florida's hurricane season, officially running from June 1st to November 30th, presents the most extreme weather-related driving challenges. The dangers are not limited to the storm itself; accidents are common in the periods immediately before, during, and after a major storm passes through.
Pre-storm panic and evacuation traffic
In the days leading up to a hurricane's landfall, the roads become congested with residents evacuating or rushing to get supplies. This traffic is often frantic and unpredictable.
Drivers may be distracted, anxious, and in a hurry, leading to an increase in aggressive driving behaviors like speeding, tailgating, and unsafe lane changes. Accidents during this period are almost always the result of driver impatience and a failure to remain calm in heavy traffic.
Dangers during the storm
Driving during a hurricane or tropical storm is extremely hazardous and should be avoided. However, some drivers may be caught on the road. The dangers are numerous and severe. High winds can push vehicles out of their lanes or even overturn high-profile vehicles like trucks and vans.
Flying debris, from tree branches to unsecured objects, can strike cars and cause drivers to lose control. Drivers who choose to be on the road in these conditions assume a high level of risk.
Post-Storm Road Hazards
The roads can remain dangerous for days or even weeks after a major storm has passed. Many accidents in a storm’s aftermath are caused not by active weather but by the conditions the storm left behind.
Common post-storm hazards that lead to accidents include:
- Non-functional traffic lights. Widespread power outages mean intersections revert to four-way stops. Many drivers do not know how to navigate this, leading to T-bone collisions.
- Road debris. Fallen trees, power lines, and other debris can block lanes and create unexpected obstacles that cause drivers to swerve suddenly.
- Flooded roadways. Drivers may misjudge the depth of standing water, causing their vehicle to stall or be swept away. This is a particular danger in low-lying coastal areas.
If an accident is caused by a hazard that a local government agency should have cleared or marked, there may be a claim against that entity. These claims have unique procedural requirements and strict deadlines.
Establishing Legal Fault in Weather-Related Accidents
The presence of bad weather does not automatically excuse a driver from responsibility. In Florida, the law of negligence still applies. To build a successful claim, we must show that the at-fault driver breached their duty of care and that this breach caused your injuries.
The duty of reasonable care in bad weather
Every driver on the road has a legal duty to operate their vehicle as a reasonably careful person would. This standard of care is not fixed; it changes with the conditions.
A reasonably careful person does not drive the same way in a thunderstorm as they do on a clear, sunny day. The duty of care requires drivers to make specific adjustments to account for weather-related hazards. This is a central theme in litigating these cases.
Investigating a weather-related crash
Our investigation into a weather-related accident goes beyond the police report. We gather specific evidence to show how the conditions should have influenced the other driver's behavior.
This often includes obtaining certified meteorological data for the accident location at the exact time of the crash. We also may consult with accident reconstructionists who can analyze how factors like wet pavement or high winds contributed to the collision and show how a lower speed could have prevented it.
Comparative negligence
Florida follows a modified comparative fault rule. This means a jury can assign a percentage of fault to each driver involved in an accident. If you are found to be more than 50% at fault, you cannot recover any compensation.
Insurance companies often use weather as a way to shift blame. They might argue that while their driver was speeding, you should have also been driving more slowly because of the rain. Our job is to use the evidence to minimize your share of the fault and place the responsibility squarely on the driver whose negligence was the primary cause of the crash.
FAQ for How Weather Affects Car Accidents in Florida
Am I automatically at fault if I hydroplane and hit another car?
Not automatically, but it can be difficult to prove you were not negligent. The law expects you to have safe tires and to drive at a speed appropriate for wet conditions. To defend against a claim of fault, you would need to show that your speed was reasonable and your tires were in good condition, and that the hydroplane was an unforeseeable event.
Can I file a claim against the city if my accident was caused by a flooded road with no warning signs?
You may be able to file a claim, but cases against government entities are very complex. You would need to prove that the city knew or should have known about the dangerous condition and failed to take reasonable steps to fix it or warn drivers. These cases have short notice deadlines, often as little as 180 days.
What is the most important piece of evidence in a fog-related accident?
Expert testimony from an accident reconstructionist can be very persuasive. They can use the physical evidence for documentation, such as the resting positions of the vehicles and the extent of the damage, to calculate speeds and show that the at-fault driver was traveling too fast to be able to stop in the available line of sight.
Does my car insurance cover damage from a hurricane, like a tree falling on my car?
Damage to your vehicle from a weather event is typically covered under the comprehensive portion of your auto insurance policy. This is separate from collision coverage, which applies to crashes with other vehicles. You would file a claim with your own insurance company for this type of damage.
If a power outage causes a traffic light to stop working, who is at fault for an intersection accident?
When a traffic light is out, the intersection legally functions as a four-way stop. The standard right-of-way rules apply. The driver who arrived at the intersection first has the right-of-way. If two drivers arrive at the same time, the driver on the right has the right-of-way. Fault is determined by which driver failed to yield.
Your Claim is Not a Force of Nature
Weather is a factor in many Florida accidents, but it is rarely the cause. The cause is almost always a human decision, a failure to respect the conditions and drive with the appropriate level of caution. An insurance company may try to blame a storm or the sun to avoid paying a fair settlement, but the law requires more.
Our firm works to separate the circumstances from the cause. We use evidence and legal precedent to show that a driver's choices led to your injuries. If you are struggling with the aftermath of a weather-related crash, a personal injury lawyer ensures you do not have to accept the insurance company’s narrative.
Reach out to us through our contact page to schedule a free consultation to discuss the facts of your case.