Many crash risk factors are within the control of drivers. They choose the routes they follow, the way they operate their vehicles and how they allocate their attention. Vehicle maintenance and consistent compliance with state traffic statutes can also have a major impact on someone’s chances of a car wreck.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Certain issues, including the conduct of other motorists and the current weather, are beyond the control of individual drivers. Occasionally, collisions occur for reasons that people cannot predict or prevent. Weather is frequently a contributing factor to major motor vehicle collisions. Roughly 21% of the crashes reported each year have something to do with weather conditions.
Wet pavement, rain storms, snow, sleet and even high winds can increase the degree of crash risk for motorists. Does inclement weather absolve an Oklahoma driver of liability if they cause a crash?
Drivers should adjust their behavior
Every motorist needs to remain aware of their surroundings and maintain safe control over their vehicles. Acknowledging that weather conditions are severe enough to increase crash risk is important for safe driving.
Snow, sleet, rain and wind are all weather phenomena that can affect someone’s operation of a motor vehicle. Drivers need to know when to reduce their speed or otherwise change their driving habits to avoid a wreck. Allowing for more travel time during times of precipitation and especially when weather is particularly severe is crucial for ensuring safe travels.
Someone’s failure to increase their following distance or decrease their speed does not absolve them of liability if they cause a collision. In fact, an argument could be made for exactly the opposite. Drivers who do not adjust their conduct to reflect road conditions put their safety and the well-being of others at risk.
If wet, rainy or snowy road conditions are an underlying contributing factor for a crash, the person affected by the collision may have every reason to hold the other driver accountable for their unsafe habits. Insurance coverage could be available. People might even have grounds for a personal injury lawsuit in some circumstances.
Realizing that weather conditions do not typically affect liability may help people find the motivation they need to seek compensation after a crash by hiring an Oklahoma City car accident lawyer.
Oklahoma’s Legal Standard for Bad Weather Crashes
Oklahoma courts apply a straightforward test in weather-related crash cases: was the driver exercising the degree of care that a reasonable person would exercise under the actual conditions at the time of the crash? Ice, fog, heavy rain, and wind do not eliminate driver liability — they raise the standard of care required. A driver who continues at highway speed in icy conditions, follows too closely in dense fog, or fails to use headlights in heavy rain is driving negligently regardless of whether the weather was “unexpected.”
The defense that “the weather caused the crash” has limited legal traction in Oklahoma because drivers have a legal duty to adjust their behavior to match conditions. A driver who cannot safely operate at normal speeds in current weather conditions has a legal obligation to slow down, pull over, or not drive at all. Failure to do so is negligence. The weather itself — an act of nature — does not share fault; only the human decision to drive unsafely through it does.
Government entities that maintain roads can bear responsibility for crashes caused by negligent road maintenance in bad weather: inadequate salting on a known ice corridor, a drainage failure that causes standing water in a predictable location, or failure to deploy proper signage when road conditions deteriorate rapidly. These claims require the stricter procedures of the Oklahoma Governmental Tort Claims Act and a one-year notice period.
What to Do After a Bad Weather Crash in Oklahoma
Document the weather conditions at the scene as thoroughly as possible: photograph the road surface (ice, standing water, snow), note the visibility, record the temperature and time. Weather records — from the National Weather Service, airport ASOS stations, and nearby private weather stations — are discoverable evidence and can corroborate or challenge the at-fault driver’s account of what conditions were like. Your attorney can subpoena these records.
Call 911 and ensure a police report is taken. Police officers who respond to bad weather crashes often note road conditions and visibility in their reports, which becomes useful corroborating evidence. Seek same-day medical evaluation even if the crash seemed minor — cold weather and shock mask pain and injury symptoms effectively. Do not assume that because everyone “walked away” there is no claim to pursue.
Compensation in Oklahoma Weather-Related Crash Claims
The presence of bad weather does not cap or reduce the compensation available to a victim of a negligent driver. Oklahoma crash victims may recover all medical expenses, lost wages, future reduced earning capacity, property damage, pain and suffering, and — in fatal crashes — wrongful death damages. Oklahoma’s modified comparative negligence rule may be raised if the victim was also driving in a manner inconsistent with the conditions, but the at-fault driver’s negligence is evaluated independently.
Oklahoma’s personal injury statute of limitations is two years from the crash date; wrongful death claims run two years from the date of death. Evidence — particularly weather data and road condition documentation — should be secured as early as possible.
Frequently Asked Questions
The other driver says they lost control and it wasn’t their fault — is that a valid defense? Losing control of a vehicle is not, by itself, a defense. The question is whether the driver was exercising reasonable care for the conditions that caused them to lose control. Driving too fast on an icy road and then losing control is still negligent driving.
What if I also slid or lost control — does that eliminate my claim? Oklahoma’s comparative fault system means both parties’ driving is evaluated. Your recovery is reduced by your percentage of fault, but not eliminated unless your fault exceeds 50%.
Does Warhawk Legal handle bad weather crash cases? Yes — on contingency. No fee unless we win. Call (405) 397-1717.
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If you or a loved one has been injured, contact our experienced Oklahoma City car accident attorney at Warhawk Legal. We offer free consultations and only get paid when you win.