Accident Helpers Blog

What To Do If You’re In A Car Accident Caused By The Rain

Written by Nicole Gant | Oct 24, 2024 11:17:54 AM

You've probably heard you should be extra careful when driving in the rain or avoid it altogether. You've likely also seen some car accidents caused by rain.

Data from the Environmental Protection Agency show that rainfalls are becoming more frequent and will likely increase in intensity over the coming years. Understanding these car accidents is crucial to avoiding them. 

This article discusses how car accidents caused by rain happen and how you can prevent them. We also discuss what to do if you're ever in one of these accidents and who might be responsible.

How Common Are Car Accidents Caused by The Rain?

According to the Department of Transportation, there are approximately 1,235,000 weather-related accidents yearly. Seventy percent of those accidents are caused by wet pavements (usually the result of rain), while 46% (518,700) occurred during rainfall. This means that the aftereffects of rain are still very likely to cause an accident.

Unfortunately, most of these accidents are also fatal. Nearly 5,700 people are killed and 544,700 injured annually in wet pavement accidents. Accidents during rainfall also cause around 3,400 deaths, with 357,300 injuries annually.

How Do They Occur?

Car accidents in the rain or immediately after occur due to particular circumstances created by the weather. These circumstances are:

Lower visibility

It becomes challenging for drivers to see far ahead of them in heavy rains. Therefore, collisions with obstacles like curbs or caused by trying to avoid things the driver notices late, like potholes and pedestrians, become very likely.    

Lower visibility may also cause a driver to miss important road markings or traffic signs, and once a driver misses these at, say, an intersection, it could become hazardous. Unfortunately, headlights are less likely to improve visibility because the rain can diffuse their brightness.

Traffic speed

To reduce the likelihood of accidents caused by low visibility, most drivers who have to drive in the rain (or immediately after rainfall) drive slower. The Federal Highway Administration reports that drivers' speeds on major city roads are reduced between 10 and 25%. Freeway speeds drop by 3 to 17% in heavy rains and 2 to 13% when it's only drizzling.

While this is an appropriate reaction to rainfall and wet roads, traveling too slowly might also cause accidents. This is more likely on busy roads, where slow driving could cause rear-end accidents, and if other drivers also try to overtake the slow driver, it may lead to other accidents.

Obstacles on the road

In rainfall storms, strong winds could bring obstacles that either directly block the driver's view or cause the driver to notice it too late. If, for instance, winds cause a tree to fall into and block the road, coming across that tree would surprise a driver, and the poor visibility may cause them to see it only when they no longer have enough time to react safely.

Wet roads

These could cause accidents in many ways. First, they reduce tire traction (the ability of your tires to grip the road and move securely). Wet roads may also cause oil that has leaked from cars to rise, making the roads even more slippery. When roads are slippery and your tires can't securely hold on, a car could slide or spin out of control.

When wet roads also reduce the friction between your tires and the road, stopping is harder. So, when you apply your brakes, it will likely take longer for your car to stop. Even if you don't notice the difference, your estimation for a safe stopping distance on a wet road may be off by a few feet, which is enough for an accident.

What To Do If You’re Involved In A Car Accident Caused By The Rain

The most important thing to remember after an accident caused by rain is to remain calm. No matter the peculiarities of the situation, staying relaxed will help you make the right decisions. Then, follow these steps. 

  1. Stop, then assess the situation to determine your next move. Your priority should be to determine if the accident caused any injuries or deaths. If there are none, you should decide if moving the car will be safe.

Moving the car to a point where it will not obstruct traffic is legally required in most states as long as it is safe and no injuries or deaths have resulted from the accident. 

Some examples of this requirement in state law are Delaware’s Del. Code tit. 21, § 4201, Missouri’s Mo. Rev. Stat. § 304.151, and Oregon’s Or. Rev. Stat. Ann. § 811.717. Keep your hazard lights on once you move your vehicle to ensure you remain visible to other road users.

  1. Suppose there have been any injuries or deaths. In that case, you should immediately call the police and try as much as possible not to disturb the accident scene. However, if you can offer aid to someone injured, you should prioritize doing that.

  2. If the other driver can, and there is no injured person, or emergency personnel has attended to the wounded person, you should exchange vital information with them. Most states require drivers to exchange names, vehicle registration numbers, and insurance policy information. If they request to see your license, you should also show it to them.

  3. Document the accident. Take relevant pictures/videos of the scene and what you believe caused the accident, and show the damage done. You should also note details like the time and the location. If there were any eyewitnesses, try to get a statement from them on the record. 

  4. Once you leave the accident scene, either because the police have determined that you can or because you didn't have to call the police in the first place, you should get a car accident lawyer. A lawyer can advise on the next steps, like whether you need to report to any other government agencies and how you should report to the relevant insurance companies.

  5. You should also go for a medical checkup even if you didn't suffer any visible injuries from the accident. This step is to ensure that there are no hidden injuries and that your potential claim covers all possible grounds for compensation.

Who Is Liable?

Liability for accidents influenced by rain does not change significantly. The driver who failed to drive safely and responsibly and whose actions led to the accident will be liable.

In State v. Burwinkel, 2005 Ohio 4143 (Ohio Ct. App. 2005), a woman was driving her car in the rain and tried to slow down but lost control of her vehicle, which went into a spin. The court determined that the fact that she lost control of her vehicle while other drivers were able to continue driving safely meant her driving fell below the reasonable standard drivers are supposed to adhere to, and she was deemed liable.

However, there are instances where the local government might be responsible for an accident influenced by the rain. In Clowers v. City of Newark, No. A-3288-21 (App. Div. Jun. 7, 2023), the plaintiff lost control of her car while driving over an open manhole after it rained. 

The plaintiff maintained that rising water from the river, combined with heavy rain, created immense pressure in the City’s water utility system, causing the manhole to dislodge. The court decided that she would have to prove that the City knew of the open manhole for the City to be liable.

In other instances, if the weather conditions strictly caused the accident, neither party may be liable. But situations like these are rare.

How To Avoid Car Accidents In The Rain

To ensure you stay safe while driving in the rain or after heavy rainfall, ensure you do the following:

  1. Understand that these are dangerous conditions, and if possible, avoid driving.

  2. If you necessarily have to drive, ensure you have everything you need. For instance, your windshield wipers should be working perfectly. If your car doesn't have air conditioning that can reduce the humidity and clear the fog on your windshield, ensure you use anti-fog spray.

  3. Be extra careful while driving. Do not do anything that will distract you. Keep your focus on the road.

  4. Drive slower. Do not speed, but do not go too slow. An ideal speed on wet roads is 15% under the speed limit.

  5. Remember that braking time will be slower in the rain. So leave enough stopping distance between yourself and whatever car you're following.

  6. Do not drive with your hazard lights flashing. Most people think this practice helps them stay visible on the road, but it is more likely to confuse other drivers. It is even illegal to drive with hazard lights flashing in some states, and even if it isn't illegal in your state, experts do not advise it.

How The Accident Helpers Can Help You

If you've been in an accident influenced by rain, you must get a good car accident lawyer in that area as soon as possible. They can evaluate the facts to determine who should be liable, estimate how much compensation you should get, and advise you on the next steps. They can also negotiate with insurers to ensure your claim is not unduly devalued and, if necessary, represent you in court.

At The Accident Helpers, we can help you quickly secure legal representation nationwide from our skilled network of car accident attorneys. All you will have to do is contact us to schedule a consultation where we will get the facts of your case and connect you with the lawyers who will best fit that case. The best part is our services are completely free.

Contact us today!