Can I bring a lawsuit after a weather-related accident?

Posted By Craig McClellan || Jan 30, 2013

Last week, heavy rainstorms created dangerous roadways throughout San Diego. The California Highway Patrol received multiple accident reports.

In one fatal accident on SR 76, a truck hit a car after it crossed over the median, killing the car's driver. At least two other semi truck accidents occurred -- one along I-805 and another on I-15 -- and many more car accidents.

Which begs a few questions: How can you drive safely in the rain? And if you are in an accident, can you bring a lawsuit against a driver if the accident was partially caused by the rain or another weather condition?

Driving safely in the rain

Before going out into the rain, make sure to check your vehicle's condition. Are you tires balding? Do they need to be replaced? Is your windshield wiper fluid full? Did you replace your windshield wipers this year? Are you headlights operational?

When out on the road, be sure to keep plenty of distance between you and the cars around you. When possible, drive in the middle of the road. Brake slowly and use your turn signals earlier than you normally would use them. Do not use your cruise control or try to cross running water. If you find yourself hydroplaning, do not turn your wheel or brake quickly. Instead, steer straight ahead until you feel the traction again.

Recovering compensation after a car accident in the rain

Many people think that it will be hard to recover compensation if weather conditions caused an accident. This is not accurate. Most weather-related accidents happen because someone was driving too fast for the weather conditions, was distracted or otherwise didn't respond properly to the changing conditions. Remember: There are very few accidents that are not preventable.

Nevertheless, no matter who caused the accident, an injured party may be able to recover compensation for the injuries they suffered.

Learn more by visiting our pages on San Diego car accidents.

Source: NBC News, San Diego 7, " Rain-Related Crashes Reported Across County," R. Stickney, Jan 25, 2013

Blog Home

Testimonials

  • “We could not be happier with the McCllelan Law Firm team! My husband and I were referred to Craig McCllelan by one of his peers. We had a very sensitive medical malpractice case that we were hesitant to even pursue. Craig and his team sat down and walked us through the entire process giving us their honest opinion and options. We felt very comfortable with the process and completely relieved by the end of the first meeting, so we decided to proceed. It is three years later and we couldn't be happier that we did. Craig, Connor, and his team made the entire experience so easy and smooth. They were always available no matter how small our question or concern. I swear they work 24/7! And most importantly, we knew that they truly cared about us and the outcome. They fought for our family and have given us the piece of mind that our son's healthcare will always be covered. It is truly the greatest gift and we will forever be in their debt!”

    - S.P.

  • “I just wanted to thank you for your efforts on [Pam’s] behalf, your skills, and your heart. You are not just a lawyer in what you do, you are a master of your profession. And I hope you are passing your mastery to others who may stand in on behalf of the weak or the helpless. It is an honorable effort and a world of mercy. I saw the extreme and extended dedication you put forth yield the best possible results on [Pam’s] behalf.”

    - Juror

  • “We will NEVER forget what you did for us Craig. We are FOREVER GRATEFUL.”

    - K.V.

  • “It was a real honor to preside over a case with you as counsel. In my mind you represent all that is good in our profession.”

    - Judge J.

  • “We do not quite know how to verbalize or show how grateful we are to have had the distinct honor to have you represent us at truly the most critical time in our lives.”

    - S.C.

View More

Our Awards & Accolades