Who’s to blame when you crash in the fog?
Even the experts say that weather or road conditions were to blame for some accidents. In fact, according to the Federal Highway Administration, each year around 400,000 people are injured and 5,000 killed in accidents where the weather was a significant factor. Is it the fog or poor judgment by the drivers?
Crash in Fog Sends One to the Hospital in North Spokane
Friday morning, November 22, 2109, in Spokane, a two-car crash seriously injured an occupant of one of the cars. According to officials at the scene, a car and a pickup collided causing the pickup to hit a power pole which came down.
The accident happened at E. Rowan Ave. and Monroe St. and one person was sent to the hospital in serious condition. It’s unclear if the injury came from the accident or the downed power line. Police say that dense fog contributed to the collision.
The Blame Game in Fog Accidents
So who is to blame when fog is a factor in a crash? If the crash wouldn’t have happened it if weren’t for the fog, isn’t it safe to say that the fog was to blame? This sound good, and may even be accurate in some circumstances, but unless fog has an insurance policy that will pay out when it causes an accident, then it does no good to blame the fog.
When someone is seeking compensation from another person for their injuries, they have to prove that the alleged at-fault driver was negligent. The law is going to look at the weather condition as the same for everyone, and each person has to make good decisions when driving in adverse conditions.
Therefore, the law has to blame someone. Did the driver slow down enough? Did they operate their lights correctly? Where they making good decisions?
Fogged if you do Fogged if you Don’t
In some cases, this seems a harsh. For example, one problem that comes up in the fog is just how slow do you go? If you go too fast, you risk running into the back of someone else. If you go too slow, then you risk getting rear-ended.
It’s very rare for a jury to say that no one was negligent in a car accident. More likely they will say that although the fog or other weather condition was a contributing factor, if the at-fault driver would have done something different, the accident may have been avoided.
Also, in Washington state, the jury can apportion blame among the drivers and each driver will pay their share of the injuries. This will help juries make the decision when they don’t want to fully blame one person for the incident.
Contact a Spokane Car Accident Lawyer.
Established in Spokane in 1948, Crary, Clark, Domanico, & Chuang, P.S. is committed to providing our clients with the absolute highest quality legal representation. If our Spokane Car Accident Lawyers represent you for your accident case, you have our assurance that we will use our absolute best efforts to win your case. Contact us after any accident resulting in a serious injury for a free, confidential consultation and case evaluation. We will only offer you advice which is in your best interest.