Weather & Car Accident Liability

The Impact of Weather Conditions on Car Accident Liability in Summerville Image

When rain, fog, or ice covers Summerville’s roads, driving becomes more dangerous. Many drivers wonder if bad weather can excuse them from responsibility when an accident happens. The truth is more complicated. In South Carolina, weather conditions affect how accidents happen, but they don’t eliminate a driver’s duty to operate their vehicle safely. Understanding how weather conditions affect car accident liability can help you protect your rights if you’re injured in a weather-related crash.

How Weather Affects Liability in Summerville Car Accidents

Bad weather doesn’t automatically mean no one is at fault for an accident. South Carolina follows a Modified Comparative Negligence rule (S.C. Code § 15-38-15). While you can recover damages if you were partially at fault, there is a strict limit: if you are found to be more than 50% responsible, you are barred from recovering anything. This makes proving the other driver’s primary fault essential to preserving your right to compensation.

The key question is whether a driver acted reasonably given the conditions. A driver traveling too fast in rain or fog can be found negligent. Following too closely or failing to maintain a safe distance from other vehicles also creates liability—even if weather played a role. Courts examine whether the driver took appropriate precautions. Did they slow down? Did they increase their following distance? These factors determine driver negligence in weather-related incidents.

Summerville sits in the Lowcountry, where weather hazards are common. Heavy rain reduces visibility and causes hydroplaning. Fog rolls in quickly and limits how far drivers can see. Occasional ice and snow create slippery conditions. Wind gusts can push vehicles across lanes. Each of these weather types creates challenges, but drivers remain responsible for adapting to them. If you’ve been injured in any of these Summerville accident scenarios, our firm can help.

Driver Responsibility in Bad Weather Conditions

Every driver has a legal duty of care. This duty doesn’t disappear when weather turns bad—it actually becomes more important. Drivers must maintain safe speeds for the conditions they face. On a clear day, the speed limit might be appropriate. In heavy rain or fog, that same speed becomes dangerous and negligent. This is why speeding in bad weather is particularly dangerous.

Drivers must also keep proper following distance. Under S.C. Code § 56-5-1930, drivers must not follow ‘more closely than is reasonable and prudent.’ While the law doesn’t set a specific number, the South Carolina Driver’s Manual recommends a ‘3-to-4 Second Rule’ as the standard of care. Violating this safety guideline during bad weather is strong evidence of negligence in court. A driver who rear-ends another vehicle in the rain may be found negligent for not leaving enough space to stop.

Vehicle maintenance matters too. Worn tires, faulty brakes, and broken windshield wipers increase accident risk in bad weather. Drivers who fail to maintain their vehicles can be held liable even if weather contributed to the crash. Weather is not a legal defense for negligence. Courts recognize that all drivers face the same conditions, so those who fail to adapt bear responsibility for the consequences. This principle applies to all personal injury cases in South Carolina.

About Crantford Meehan

Crantford Meehan has handled numerous weather-related car accident cases throughout South Carolina. Both partners, William C. Crantford and Jerry A. Meehan Jr., completed intensive training at Trial Lawyers College. This training focused on trial advocacy and jury representation skills. Their education helps them present complex weather-related liability cases effectively to juries.

The firm holds strong peer ratings. William Crantford carries an AV Preeminent Rating from Martindale-Hubbell, the highest standard for legal ability and ethical conduct. Jerry Meehan Jr. holds an AV Preeminent Rating—recognized by peers as a leading attorney. Both attorneys are admitted to practice in South Carolina. They also practice in the U.S. District Court for the District of South Carolina and the U.S. Court of Appeals for the Fourth Circuit.

Crantford Meehan’s track record demonstrates their ability to recover substantial compensation in weather-related accidents. The firm secured a $1 million settlement for clients struck by an 18-wheeler on I-26 near Summerville. In another case, they recovered $2.35 million plus $400,000 in medical payments for a family injured in a tractor-trailer rear-end collision that occurred in rainy conditions. The firm maintains 24-hour availability and operates on a contingency-fee basis. You pay nothing unless they recover compensation for you.

Rain creates several hazards on Summerville roads. Heavy rainfall reduces visibility, making it harder for drivers to see other vehicles, pedestrians, and road hazards. Wet pavement reduces tire traction, increasing stopping distances. Hydroplaning occurs when water builds up between tires and the road, causing drivers to lose control. A driver who hydroplanes and hits another vehicle may still be liable if they were traveling too fast for conditions or had inadequate tire tread. These rain-related accidents require expert analysis.

Fog is particularly dangerous in the Lowcountry. It can appear suddenly and reduce visibility to just a few feet. Drivers in fog must slow down significantly and use headlights. A driver who maintains highway speed in heavy fog and causes an accident can be found negligent, even though fog made visibility difficult for everyone. Visibility-related accidents are common in our region.

Ice and snow, while less common in Summerville than in northern states, do occur and create serious hazards. Black ice forms on bridges and overpasses first. Snow reduces traction and increases stopping distances dramatically. Drivers must reduce speed substantially and avoid sudden movements. A driver who slides on ice while traveling at normal speed may still be liable if they failed to adjust for known icy conditions. Winter weather accidents demand immediate legal attention.

Wind can push vehicles across lanes, particularly high-profile vehicles like trucks and SUVs. Strong gusts during storms create unpredictable conditions. Drivers must maintain firm control and be prepared for wind effects. A driver who loses control in wind and strikes another vehicle may be found negligent if they were traveling too fast or failed to maintain control. These multi-vehicle collisions often involve complex liability questions.

Proving liability in weather-related accidents requires careful evidence gathering. The police report is essential—it documents the accident scene, weather conditions, and officer observations. Photographs of the accident scene, vehicle damage, and road conditions provide visual evidence. Weather data from the National Weather Service can establish exactly what conditions existed at the time of the accident. You can also access weather records from the National Centers for Environmental Information.

Witness statements are valuable. Other drivers, pedestrians, or nearby residents may have seen the accident and can describe what happened. Expert analysis helps establish whether a driver acted reasonably given the conditions. Accident reconstruction experts can determine vehicle speeds, sight lines, and whether the driver had adequate time to react.

Crantford Meehan investigates weather-related accidents thoroughly. The firm gathers police reports, photographs, and weather data. They interview witnesses and consult with experts when necessary. This comprehensive approach builds strong cases that demonstrate how the other driver’s negligence caused your injuries. Our Summerville personal injury team has extensive experience with these complex cases.

What Compensation You May Recover

If the other driver was reckless—for example, speeding on icy roads or driving without headlights in heavy fog—you may also be entitled to Punitive Damages. In South Carolina, these are generally capped at three times your actual damages or $500,000 (whichever is greater), though exceptions exist for cases involving felony conduct or impairment.

Pain and suffering compensation addresses the physical pain and emotional distress caused by your injuries. This includes both past suffering and future pain you’ll experience during recovery. The amount depends on injury severity, treatment duration, and long-term effects. Courts recognize that serious injuries cause significant suffering that deserves compensation beyond medical bills and lost income. Understanding how to calculate damages is crucial to your case.

Frequently Asked Questions

Can bad weather be used as a legal defense in a car accident?

No. While bad weather makes driving more difficult, it doesn’t excuse negligent driving. South Carolina law requires drivers to adjust their behavior to match conditions. A driver who causes an accident in bad weather can still be found liable if they failed to drive safely for those conditions. The weather affects how courts evaluate whether a driver acted reasonably, but it doesn’t eliminate responsibility. This principle is established in South Carolina’s comparative negligence law.

First, check for injuries and call 911 if anyone needs medical attention. Move to a safe location if possible. Call the police and wait for them to arrive—a police report is crucial evidence. Take photographs of the accident scene, vehicle damage, road conditions, and weather. Get contact information from witnesses. Seek medical attention even if you feel fine—some injuries appear later. Contact Crantford Meehan as soon as possible to protect your rights. Our 24-hour availability means we’re ready to help immediately.

How do I prove the other driver was negligent in bad weather?

Evidence is key. The police report documents the accident and conditions. Photographs show the scene and damage. Weather data establishes what conditions existed. Witness statements describe what happened. Expert analysis can show whether the other driver’s speed or following distance was unsafe for the conditions. Crantford Meehan gathers and presents this evidence to prove negligence. We understand how to prove fault in these complex cases.

Most comprehensive auto insurance policies cover weather-related accidents. However, coverage depends on your specific policy. Collision coverage typically applies to weather-related crashes. Your insurance company may deny a claim if they believe you were negligent. If the other driver caused the accident, their insurance should cover your damages. Crantford Meehan can help you work through insurance claims and pursue compensation. We have extensive experience dealing with insurance adjusters.

Can I recover compensation if I was partially at fault?

Yes. South Carolina’s comparative negligence law allows recovery even if you were partially responsible. If you were 30 percent at fault and the other driver was 70 percent at fault, you can recover 70 percent of your damages. The key is proving the other driver’s negligence contributed to the accident. Crantford Meehan works to minimize your percentage of fault and maximize your recovery. Learn more about comparative negligence in multi-car accidents.

How long do I have to file a claim in South Carolina?

South Carolina’s statute of limitations gives you three years from the accident date to file a personal injury lawsuit. However, don’t wait. Evidence disappears, witnesses move away, and memories fade. Insurance companies move faster when claims are filed promptly. Contact Crantford Meehan immediately after your accident to protect your rights and preserve evidence. Understanding when to sue for personal injury is critical.

What if the accident happened on a poorly maintained road?

Government entities responsible for road maintenance can be liable for accidents caused by poor conditions. Potholes, debris, inadequate drainage, and missing warning signs create hazards. However, suing government agencies involves special procedures and shorter deadlines. Crantford Meehan understands these requirements and can pursue claims against responsible government entities when appropriate. We have experience with legal challenges of suing government entities for road hazards.

Contact Crantford Meehan for Your Free Consultation

If you’ve been injured in a weather-related car accident in Summerville, don’t handle it alone. Crantford Meehan provides free consultations to discuss your case. The firm works on a contingency basis, meaning you pay nothing unless they recover compensation. Call today to speak with an experienced Summerville car accident attorney. Crantford Meehan is available 24 hours a day to help you understand your rights and pursue the compensation you deserve.