What to Do After a Car Accident Caused by Bad Weather

Long Island has its share of bad weather conditions. There can be hurricane-force winds, torrential downpours, and of course, snowstorms in the winter. We also get a lot of fog. All of these poor weather conditions can lead to car crashes. Though a driver cannot control the weather, the State expects drivers to operate their vehicles in a responsible way, even in hazardous conditions.

The Law Office of Carl Maltese has represented many clients injured in weather-related accidents. Understanding the right steps to take after such a crash can protect both health and legal rights while improving the chances of securing compensation. They're can help with what to do after a car accident as a passenger.

Immediate Safety Steps After a Poor Weather-Related Accident

The main priority after any car accident is to ensure the safety of all drivers involved, as well as their passengers. In bad weather, this can prove more difficult than if the accident occurred on a beautiful, sunny day.

The first thing to do is check for injuries. Even if the injuries sustained were minor, you should still call for an ambulance to get immediate medical attention. Emergency services can offer treatment on the scene and prevent any further injury.

Another safety step is to move to a safe location. Cars should be moved to a safe distance from the main road and drivers should turn on their hazard lights. If it is snowy, rainy, or foggy, it can be difficult for oncoming traffic to see a car crash, as visibility may be reduced. You want to try to prevent further accidents.

Finally, if its too dangerous to get out of the car, stay inside it until help arrives to the accident scene.

Call Law Enforcement, Even in Minor Accidents

Reporting the accident to police is essential, and if you don't, it could even be against the law. It's also important to have a police report. When you contact law enforcement, they can document the adverse weather conditions, evaluate whether negligence, poor visibility, or slippery roads played a role in the accident, and also create an official report of the accident.

Even if all drivers involved agree that weather conditions were the cause, authorities may determine that one driver failed to act in a reasonable way. A police officer is in a position to help establish liability.

Gather Evidence at the Scene

Bad weather conditions may also create disputes about who is at fault in the case. However, determining fault can often be determined by looking at the evidence at the scene. This is why its so important to start gathering evidence at the scene as soon as possible.

Some of the evidence that you should try to gather include:

• Photos and videos - Get images and videos of all vehicles involved. Also photograph and take video of road conditions, wet roads, fog density, ice or snow accumulation, road signs, and skid marks.

• Witness statements - Any witnesses who saw the accident could make a significantly difference is how the accident is seen. Eyewitnesses typically have an unbiased account of what happened and can help avoid legal disputes.

• Details about weather conditions - Take note of the time, location, and weather conditions. These can significantly affect how the crash happened. Weather conditions can change quickly, so documenting the scene as soon as possible is important.

Seek Medical Attention

Vehicle crashes caused by poor weather conditions often cause injuries like broken bones, whiplash, and concussions. Some of these injuries might not show symptoms for several hours or days, so it's important to get medical care as soon as possible...even if you don't feel like you have serious injuries.

In addition to protecting your health, medical records create an important link between the injuries and the accident. This is important for any potential insurance claims. A common tactic insurance companies use is claiming that injuries were not caused by the accident, but instead, caused by something else.

Understanding Liability in Weather-Related Accidents

One of the biggest questions a victim will face following a weather-related crash is who is at fault?

In New York State, a driver is expected to responsibly operate their vehicle, even in heavy rain, snow, ice, or fog. The state may consider a driver negligent in the following examples:

• Driving too fast on icy or snowy roads

• Failing to clear snow or ice from windshields before driving

• Not using headlights or windshield wipers during rain or fog

• Tailgating or braking suddenly in slick conditions

In many cases, bad weather is a factor, but driver negligence is the true cause of the accident. For more information, car accident attorneys may be able to help.

Filing a Claim Through No-Fault Insurance Claims

New York State has a no-fault insurance system. This means that the injured drivers and passengers in a car accident generally file a claim with their own insurance company, regardless of who is at fault. This type of coverage is called Personal Injury Protection, or PIP, and it may pay for:

• Medical expenses

• Lost earnings

• Certain out-of-pocket costs

PIP is limited, however. It does not cover property damage or pain and suffering. There is also a limit on the amount PIP will cover. If expenses go over that, victims can step out of the system and seek legal assistance to get fair compensation.

Pursuing Compensation Beyond No-Fault

You can take legal actions against the other driver if they were found negligent in a car accident and the injury you received was serious. Compensation from a personal in jury claim may include:

• Medical treatment and rehabilitation costs

• Lost wages and reduced earning capacity

• Pain and suffering

• Vehicle repair or replacement

An experienced attorney can investigate whether the other driver’s actions, rather than the weather alone, caused the crash.

The Role of Comparative Negligence

In New York State, there is also the rule of comparative negligence to consider. This means that more than one person in an accident may hold fault.

Here's an example:

Driver 1 was speeding in the rain. Driver 2 was not speeding, but they did not have their headlights on, so Driver 1 didn't see Driver 2 approaching. Both drivers could be found to be partially at fault.

Understanding how comparative negligence works in regard to weather-related accidents is important when determining how much compensation a victim can recover.

Insurance Company Challenges in Poor Weather Conditions

Even if you have thorough documentation, a well-documented claim, and you make filing a claim an immediate priority, your insurance company still might attempt to deny or reduce claims in weather-related accidents by blaming the weather instead of driver negligence. They may even claim that they don't need to pay for their customer's negligence because the accident was "unavoidable" due to ice, snow, or rain.

However, drivers are legally obligated to adjust their behavior to match conditions. A skilled car accident lawyer can counter these tactics by showing how the at-fault driver failed to drive responsibly.

The Importance of Legal Representation to Get Fair Compensation

Following an accident caused by bad weather, a victim may not know if they have a case or not. An attorney can take a look at the case, and this can make a significant difference in the outcome. Some of the things an attorney can do include:

• Investigate the accident and gather evidence

• Work with accident reconstruction experts if needed

• Communicate with insurance companies on behalf of the victim

• Pursue compensation through negotiation or litigation

The Law Office of Carl Maltese has experience representing victims who have been in weather-related accidents around Long Island. The team can work with these victims to ensure they receive fair compensation. Having an attorney at your side can make all the difference in a case like this.

Steps Victims Should Take in the Days After the Accident

In addition to immediate actions at the scene, here is some practical advice about the important steps to take in the days following the accident:

1. Notify your insurance company promptly, but avoid making recorded statements without legal advice.

2. Follow medical recommendations and attend all appointments.

3. Keep proper documentation of expenses, medical treatments, and missed work.

4. Consult with an attorney to review legal options and protect your rights.

These steps help ensure that victims are prepared for the claims process.

Preventing Bad Weather Accidents

While not all accidents can be avoided, taking precautions can reduce risk:

• Drive slower in rain, snow, or ice

• Leave extra distance between vehicles

• Use headlights in low visibility

• Avoid sudden braking or sharp turns on slick roads

• Stay home if conditions are too dangerous

Even with these measures, negligent drivers still cause crashes in bad weather, and victims should not have to shoulder the burden alone.

How The Law Office of Carl Maltese Can Help

The Law Office of Carl Maltese has built a strong reputation in Long Island for advocating on behalf of accident victims. When bad weather leads to a crash, the firm helps clients by:

• Determining whether negligence was a factor

• Handling no-fault and personal injury claims

• Negotiating with insurance companies for fair settlements

• Pursuing litigation if necessary to secure justice

The firm provides compassionate guidance while aggressively protecting clients’ rights.

Bad weather may contribute to car accidents, but drivers are still responsible for operating their vehicles safely in hazardous conditions. Victims of weather-related crashes in Long Island often face medical bills, lost income, and property damage on top of the stress of the accident itself.

By taking the right steps—securing medical care, documenting the scene, filing claims properly, and working with a skilled attorney—victims can pursue the compensation they deserve. The Law Office of Carl Maltese is committed to standing by accident victims, ensuring they are not left to bear the financial burden of someone else’s negligence during dangerous weather. Call now for a free consultation​.