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In South Carolina, we are lucky to enjoy a humid, subtropical climate. While we have a lot of sunny days in the Palmetto State, we do also have to contend with bad weather from time to time. This often includes hurricane-related storms and flooding, plus heavy rains and fog throughout the year.

If you are in a car accident during poor weather conditions, it could impact your case. All drivers have a responsibility to drive appropriately and responsibly based on the weather conditions. If another driver caused a car crash because they were driving carelessly due to the weather, our Simpsonville personal injury attorneys can help you get the compensation that you deserve for your injuries.

Brooks Derrick Accident and Injury Lawyers represent clients throughout the greater Simpsonville area who have been hurt in all types of accidents, including car crashes, bike accidents, truck accidents, and other types of accidents. We are fierce advocates for our clients, working hard to help you get maximum compensation for your losses. Reach out to our law offices today to schedule a free consultation with a South Carolina car accident lawyer.

South Carolina Drivers’ Responsibility When It Comes to Bad Weather Driving

In South Carolina, drivers must adjust to poor weather conditions. While we may not get a lot of ice and snow, we do often deal with our treacherous weather. This may include heavy rain, high winds, flooding, and fog. 

All of these weather conditions can lead to poor visibility and a lack of traction on the roadway. To stay safe, motorists should adapt their driving by:

• Reducing speed
• Increasing following distances
• Having your headlights on whenever your windshield wipers are on (Wipers On, Lights On law)
• Using hazard lights when visibility is extremely low (such as during heavy rains)
• Not driving through standing water
• Steering in the direction of the skid if your vehicle slides
• If there is ice or snow, staying off the roads whenever possible
• Maintaining your car in good working condition

Of course, even if you are an incredibly conscientious driver, accidents can and do still happen. If you are involved in a motor vehicle crash with another driver, you may be able to file a lawsuit against the at-fault driver. Our Simpsonville car accident lawyers will evaluate your case and fight for your right to full compensation.

How Weather Conditions Can Impact Liability for a South Carolina Car Accident 

In South Carolina, accidents involving bad weather can raise complex legal questions. Generally, all drivers in South Carolina have a duty to use reasonable care when operating a motor vehicle. This duty requires drivers to act reasonably and responsibly to prevent harm to others. 

When it comes to bad weather, the duty to use reasonable care means that drivers must take precautions to reduce the risk of accidents. For example, if you are driving during a heavy thunderstorm, then you should reduce your speed, turn on your headlights, increase following distances, and even consider pulling over to wait for the storm to pass.

If a driver does not use reasonable care during bad weather and causes an accident, they can be held responsible for any harm that they cause. This is true even if their driving would have been considered reasonable in good weather conditions. For example, a driver who was going the speed limit might not be considered negligent (careless) in normal weather conditions, but driving the speed limit during icy conditions would be negligent.

To prove that another driver caused your accident, our South Carolina personal injury attorneys will thoroughly investigate the facts of your case. This may include interviewing witnesses, gathering and reviewing photos and videos of the accident, collecting weather data, and requesting accident reports from law enforcement. All of this evidence can be used to prove that the other driver is responsible for the accident.

If your own driving was not reasonable for the weather conditions, it could affect the amount of money that you recover in your case. South Carolina follows a modified comparative fault rule. Under these laws, an injured party can still recover for their losses, as long as they were 50% or less responsible for the crash.  If an accident victim is more than 50% responsible for an accident, then their claim will be barred. 

A judge or jury will determine each party’s percentage of fault. If the accident victim is 50% or less at fault, then they can still recover compensation for their losses. Their total recovery will then be reduced by their share of the fault.

For example, consider a situation where an accident happened after one driver merged onto the highway without yielding. It was raining heavily at the time. The victim had the right-of-way, but was driving 55 miles per hour, which was too fast for the road conditions. A jury finds that the accident victim was 25% at fault because they could have avoided the accident if they had been driving more slowly. 

If the victim suffered $100,000 in damages, then their total recovery will be reduced by 25% to $75,000. In this way, comparative fault rules allow for the victim to get compensation for their losses while taking into account their own negligence in causing the accident.

In bad weather accidents, it may also be possible to file a claim against a government entity responsible for maintaining the road where the crash happened. If a government agency doesn’t do basic road maintenance or keep roads safe during adverse weather, it could potentially be held liable for any injuries that occur. For example, if a local government knows that a particular road always has dangerous floods during hurricane season, but fails to close the road or otherwise prevent accidents, it could be liable for any injuries that result.

Bad weather accident cases can be more complicated compared to claims involving good weather. However, even if you think that your own driving may have played a role in a crash, it may still be possible to recover financial compensation for your losses. This may include money for:

• Property damage
• Lost wages
• Reduced earning capacity
• Medical bills
• Future medical treatment
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress
• Scarring 
• Disfigurement

If you have any questions about the potential to file a lawsuit for your case, the best option is to schedule a free initial consultation with a Simpsonville car accident attorney. We will listen to your story and offer you advice on your legal rights and options for pursuing a claim. Our law firm handles all cases on a contingency fee basis, which means that you will never pay a fee unless we recover money for you.

Help for South Carolina Car Accident Victims

If you have been injured in a car accident that happened during bad weather, you may be entitled to money for your losses. Even if you were partially responsible for the crash, you can still seek compensation from the at-fault driver. Our law firm will fight to get you the money that you deserve for your injuries. 

Based in Simpsonville, Brooks Derrick Accident and Injury Lawyers represents clients in all types of motor vehicle accident cases, including accidents that happen during rain, flooding, fog, and snow or ice storms. We understand the unique aspects involved in bad weather accident cases, and use our substantial experience to build the strongest possible case for compensation. Reach out to our law firm at 864-531-7765 or fill out our online contact form to schedule a free initial consultation with a Simpsonville car accident lawyer.