Is Bad Weather a Legal Defense to an Automobile Accident Case in the State of Florida?
In the State of Florida, there are automobile accidents every day in most every community. Many such automobile accidents can be prevented with slower driving, safer driving, and less distracted driving. Some accidents are caused, in part, by bad weather. During rainy days in a State of Florida, there tends to be more accidents. This is because driving a motor vehicle in the rain can be more difficult, visibility may be affected, and an the ability to brake may be affected by the slick roads. Some accidents are single vehicle accidents caused by vehicle going out of control when it hits a puddle. Other accidents may occur when the brakes fail due to the slick roads.Is Bad Weather a Legal Defense to an Automobile Accident Case in the State of Florida?
As a Florida Child Injury Lawyer, I am often asked if weather is a legal defense to causing or contributing to an automobile accident. There is no simple answer to this question. Each case must be evaluated on its own facts and circumstances. If the accident was caused by an act of God whereby lighting struck a tree which then, in turn, fell into the street and a car swerved to hit the tree that had just fallen - then there may be a defense to the automobile accident. However, it is a much different case when a driver crashes into the vehicle in front of him because it was difficult to brake due to the wet roads.
The book titled - When the Wheels Stop Spinning - Legal Rights of the Injured Child - What Parents Should Know After the Accident - has chapters on Automobile Accidents, Pedestrian Accidents, Bicycle Accidents, Wrongful Death, Day Care Transportation, and other topics. You can get this book for free at When the Wheels Stop Spinning.