If you can blame another driver or a government entity for your auto accident, can you actually blame slippery roads for your weather-related car crash in Kentucky? This question was on many Lexington drivers’ minds when they hit the road in the morning on February 7. As reported by WDKY, snowfall overnight and into the morning caused slick road conditions across the city. Read our winter driving tips for Lexington motorists.
Slippery Roads Cause Nearly 50 Car Accidents Across Lexington
Wet and icy roads – the result of below-freezing temperatures and a coating of snow – led to nearly 50 crashes between 2 a.m. and 9 a.m. throughout Lexington. As the morning commute began, there was a noticeable uptick in weather-related auto accidents across the city. After around 7 a.m., there were multiple reports of vehicles sliding off the roads. The Lexington Police Department handled eight injury accidents, and 41 non-injury crashes within that time frame on February 7. One person died in these crashes. The deadly accident occurred along New Circle Road and Versailles Road. Slick road conditions are said to be a factor in the fatal crash. In another collision on Man O’ War Boulevard, a vehicle hit a utility pole and knocked down wires. No injuries were reported. In a separate accident on Alexandria Drive behind Calumet Farm, four cars were involved in a collision, while a fifth vehicle also slid off the road when attempting to avoid the crash. There was at least one truck accident that morning in Lexington. A truck on Palumbo Drive flipped over after hitting a patch of ice.
Liability in Weather-Related Car Accidents in Kentucky
In Kentucky, every driver’s duty to other motorists is to avoid collisions. Thus, all drivers must maintain a degree of care appropriate to the weather conditions. In adverse weather conditions – such as snow, ice, slippery roads, heavy rain, fog, etc. – that duty of care is higher. When determining fault in weather-related auto collisions, insurance companies and attorneys will examine whether:
- The event of the weather was an unexpected occurrence;
- The driver was driving reasonably according to conditions of the weather;
- The crash could have been avoided; and
- The driver maintained a safe speed and distance.
There are other factors that come into play in weather-related accidents. Typically, one of the drivers involved in a weather-related crash is held liable because he or she could have done something to prevent the collision.
When Weather is to Blame for Your Car Crash
However, under certain circumstances, Kentucky drivers can blame the weather for their vehicle crash. As you may know, the “Act of God” defense is rarely applied in car accident cases. When the weather was unreasonable, unusual, or unexpected, motorists can use this defense to prove that they were not liable for the collision. If neither party could have avoided the crash, you could blame adverse weather conditions. For example, if a driver was unexpectedly pushed into oncoming traffic by a sudden tornado, which caused a multi-vehicle accident, that driver may not be held responsible because he or she could not have avoided the collision. Get in touch with our Lexington car accident lawyer at Roberts Law Office to talk about liability in your weather-related crash. Call at (859) 231-0202.