Who Is Liable to Compensate a Victim After an Auto Crash in the Rain?

Cars Driving in Rainy WeatherIf you were injured in a car accident in Norfolk or Virginia Beach when it was raining, do not be surprised if the negligent driver and their insurance company try to blame the weather for the collision. However, the truth is likely that the driver’s unsafe driving caused your crash—not the rain. The insurance company may be responsible for paying you compensation for your injuries under Virginia law.

What Is a Motorist’s Duty of Care When It Is Raining?

In Virginia, all drivers have a responsibility to drive safely. This duty to other motorists does not end when the weather is bad.

When it rains, the roads are slippery, and visibility is poor. Drivers have an even greater duty to drive carefully. This includes slowing down, even below the speed limit, and being extra cautious when approaching a stop sign or traffic signal, turning, and changing lanes. 

What Are Common Causes of Auto Collisions in the Rain?

There are many ways drivers’ negligent actions result in a car accident when it is raining. Here are a few ways that they cause collisions:

  • Not using their windshield wipers or using ones that need to be repaired
  • Driving when their tires are worn
  • Not turning on their headlights
  • Speeding
  • Driving too fast for weather conditions
  • Driving when drowsy
  • Engaging in distracted driving
  • Driving while intoxicated
  • Not obeying traffic signals and signs

How to Establish the Other Driver’s Liability in a Car Crash When It Is Raining

You should retain a knowledgeable car accident lawyer who can investigate the cause of the collision and collect the evidence you need to prove the other motorist was the at-fault party. Types of evidence that can help you establish this include:

  • Police report
  • Eyewitness statements
  • Photos of the damage to the motor vehicles, crash scene, and weather conditions
  • Business surveillance footage of the collision as it occurred
  • Accident reconstruction expert report

Were you or a family member injured in an auto collision caused by another driver when it was raining? Our experienced car accident attorneys can help you go up against the insurance company’s claims that the weather, and not their insured, is responsible for your injuries. To find out more about how we can assist you, call our Norfolk office at 757-265-1214 or complete our convenient online form to schedule a free, no-obligation consultation today.


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