As beautiful as our state is, Tennessee is no stranger to some less-than-beautiful weather. Our prime location means we get a taste of all extremes depending on where we are. This doesn’t always mean life-threatening twisters or hurricanes, but that inclement driving weather is nothing too new to us locals. Whether it’s simple rain, slippery leaves, ice and snow, or a terrible mix, our commutes can easily get much more dangerous.

Ideally, we just avoid driving when local officials say the weather is too severe to do it safely, but not all of us have that option. If you must be on the road during inclement weather, you still have both a duty to drive safely and the right to get back home. So, if the weather caused a driver to veer into you and cause a dangerous accident, you can seek damages for your losses.

Each avenue works differently, though, and there are a lot of moving parts. Understanding your options after a car accident of any sort can make all the difference.

Why Knoxville’s weather can make driving dangerous

Usually, more than one factor contributes to causing a car accident. Fault and blame aside, weather conditions, road hazards, and other unforeseen obstacles can exacerbate any collision and make it that much more serious. This is never more apparent than during the winter months when we’re in the middle of a cold snap. When our generally warm weather (and plentiful rainfall) drops to freezing overnight, it increases the chance of sleet, snow, and ice. These conditions are especially dangerous not only because of how they can easily cause vehicles to lose control or fail to see each other, but also because it takes road workers an incredibly long time to clear them. While main roads should always be salted and treated before a predicted major snow event, we don’t always get a whole lot of warning.

The real concern, though, is rain. So. Much. Rain. The greater Knoxville area sees more rain (on average) than the rest of the country, thanks to the Smoky Mountains nearby. All that rainfall – especially over short bursts of time – can create some severe hazards, including:

• Flash floods
• Wiped out/eroded roadways
• Road debris
• Risk of rock slides/mud slides
• Excessive fog
• Water-filled potholes (leading to hydroplaning)
• Limited visibility

That last one – limited visibility – is a real concern in the Tennessee Valley. Knoxville proper may be all highways and paves roads, but once you leave the city, you can find yourself on some very curvy, mountainous roadways. Visibility can be limited even in sun; adding rain, fog, and/or reduced light can make it much, much worse.

For those who must be on the roads, they are required to use an abundance of caution for both themselves and those around them. Driving as slowly as necessary, keeping your lights and windshield wipers on, and staying as alert as possible are all extra precautions motorists should take when traveling through inclement weather. While accidents aren’t always avoidable, especially when conditions are less than ideal, many can be prevented or mitigated with just some extra care.

Those who neglect these practices, whether out of recklessness or ignorance, are in danger of causing life-threatening car accidents and can be held responsible for it.

How Tennessee’s comparative negligence laws may affect your claim

In an effort to be as fair as possible and respect all those different factors involved in a car accident, Tennessee determines liability with something called modified comparative fault. Essentially, this means the amount of damages you’re liable for is dependent upon how much you are to blame for the accident. You have to be less than 50% liable to get any damages at all, actually.

So – what does that look like?

Say you are driving along and BAM! Rain out of nowhere. You pull into the right lane and maintain a slightly lower speed as you drive home. But some young dude flies by you in the left lane and hits a puddle; the car hydroplanes and spins out, crashing into you.

In a scenario like this, the other driver is pretty clearly at fault; he was speeding when he hit the puddle, and then lost control of his car.

But what about if YOU are speeding, too? In this case, the other driver’s insurance company might argue that had you been doing the right thing behind the wheel, you wouldn’t have been anywhere near the driver who hit you, so because you were breaking the law too, you share some portion of the fault.

If you think that sounds a bit ridiculous, we hear you. This is why you want a Knoxville car accident lawyer on your side. We’ve seen a lot of tricks by these insurance companies, so we can help you prepare.

Who can be held liable in a car accident caused by bad weather?

Aside from the driver who hit you, there could end up being a few liable parties:

• The employer of the person who hit you, like a trucking company or Uber/Lyft
• A parts manufacturer, if a defective car part caused your crash
• The local government, in some very rare cases

It will all depend on the circumstances of your case.

What if no one is the blame for the wreck but Mother Nature?

In the event that the collision was truly the fault of the weather alone – like, if you get caught up in an unexpected flash flood – you can still collect damages; but you may have to do it differently. You may have to use your own car insurance to get your vehicle repaired. Because taking the wrong route can take away your ability to choose the right one later, it’s recommended you discuss your options with an attorney before taking any steps one way or the other.

No matter the circumstances of your accident, insurance companies on all sides will not want to pay. This doesn’t just mean they’ll launch vigorous investigations to try and avoid liability; it also means they will use any and every obscure legal loophole available to avoid giving you any damages you are owed. With how complicated and tricky car accident law can be, this isn’t hard for them to get away with — unless you have the right legal professional to call them out for it.

While getting medical attention should always be your first step following a car accident, Knoxville-area victims should then contact our personal injury attorneys at Banks & Jones. Our experienced, compassionate team will proudly answer each and every one of your questions while also fighting for every cent you’re eligible for. Even if the weather played a major role in your collision, there is always something to be gained from legal counsel when you are hurt. Call us today at 865-546-2141 or use our contact form.