High wind-related accidents can be life-altering events, leading to physical injuries, emotional distress, and financial burdens. Understanding your legal rights and responsibilities is crucial in navigating the aftermath of a crash.
The US Department of Transportation stated that approximately 21% of car crashes are weather related. Understanding your legal rights and responsibilities is crucial in navigating the aftermath of a crash.
In this blog, we will focus specifically on high wind-related accidents. We will explore liability, insurance claims, legal procedures, and practical tips to help drivers stay safe and protect their rights.
High Winds and Car Accidents
High winds pose a significant threat to drivers, particularly on open highways, bridges, and rural roads. Strong gusts can push vehicles off course, reduce steering control, and even cause rollovers for high-profile vehicles like trucks and SUVs.
How High Winds Increase Accident Risks
- Loss of Control: Sudden gusts can push vehicles into other lanes or off the road.
- Increased Risk for High-Profile Vehicles: Trucks, buses, and SUVs are more susceptible to tipping over.
- Reduced Visibility: Blowing dust, debris, or snow can impair a driver’s ability to see ahead.
- Hazards from Falling Objects: High winds can knock down trees, power lines, and other debris onto roadways.
- Difficulty Steering: Maintaining a steady path can be challenging, especially for lightweight vehicles.
- Multi-Vehicle Collisions: Sudden wind gusts can cause chain-reaction crashes, particularly on highways where vehicles are traveling at high speeds.
- Motorcycle and Bicycle Risks: Wind can easily knock over two-wheeled vehicles, causing severe injuries to riders.
- Dangerous Lane Changes: High winds can make lane changes unpredictable, especially for drivers unprepared for sudden gusts.
A Real-Life Example: The Dangers of Sudden Wind Gusts
Sarah, a 35-year-old nurse, was driving across a long bridge when a sudden gust of wind pushed her compact car into the adjacent lane. She narrowly avoided colliding with a truck but lost control and hit the guardrail. This incident illustrates the dangers of high wind-related accidents and the importance of adjusting driving habits during windy conditions.
Legal Liability in High Wind-Related Accidents
While wind itself is not a legal entity that can be held responsible, drivers are still expected to exercise reasonable care when operating a vehicle in windy conditions. If an accident occurs, liability is determined based on several factors:
- Negligence: Drivers who fail to adjust their speed, maintain control, or secure loose cargo in high winds may be found negligent and held liable for an accident.
- Comparative Fault: In states with comparative fault laws, both parties may share responsibility. For instance, if one driver was speeding while another failed to keep both hands on the wheel, both may be partially at fault.
- Road Maintenance Issues: If road signs, trees, or debris were not properly maintained and contributed to the accident, the entity responsible for maintenance might be held accountable.
- Vehicle Defects: If a mechanical issue, such as a faulty steering system or unstable suspension, contributed to the crash, the manufacturer may be liable.
Steps to Take After a High Wind-Related Car Accident
If you’re involved in a car accident during high winds, taking the right steps can help protect your rights and strengthen your claim:
- Check for Injuries: Ensure everyone involved is safe and call for medical assistance if needed.
- Call Law Enforcement: A police report provides crucial documentation for legal and insurance purposes.
- Exchange Information: Collect names, contact details, insurance information, and vehicle details from all parties involved.
- Document the Scene: Take pictures of the accident, road conditions, weather, and any visible injuries.
- Seek Medical Attention: Even if injuries seem minor, getting a medical evaluation can uncover hidden injuries.
- Notify Your Insurance Company: Report the accident promptly to start the claims process.
- Consult a Lawyer: A legal professional can guide you through the process and help secure fair compensation.
How Insurance Handles High Wind-Related Accidents
Insurance companies assess high wind-related accidents based on:
- Fault Determination: If a driver was speeding or not maintaining control in windy conditions, they may be found at fault.
- Comprehensive vs. Collision Coverage: If a driver loses control due to high winds and crashes into a stationary object, their collision coverage may apply. If the accident involves another driver, liability coverage will determine fault and compensation.
- Act of Nature vs. Driver Negligence: Insurance companies differentiate between unavoidable weather conditions and driver negligence. A driver who ignores wind advisories or fails to control their vehicle in high winds may receive a lower settlement than someone caught in an unexpected windstorm.
Preventive Measures to Avoid High Wind-Related Accidents
- Drive Slowly: Reducing speed helps maintain better control in high winds.
- Keep Both Hands on the Wheel: A firm grip can prevent sudden gusts from pushing the car off course.
- Avoid Driving Next to Large Vehicles: Trucks and buses are more susceptible to wind and may swerve unexpectedly.
- Stay in the Center Lane: If possible, avoid outer lanes where winds are stronger.
- Be Aware of Wind-Prone Areas: Bridges, highways, and open fields are more vulnerable to strong winds.
- Secure Loose Items: Roof racks, cargo, and even debris in truck beds can become dangerous projectiles in high winds.
The Role of Local Governments in High Wind Safety
Local governments play a crucial role in ensuring road safety during high wind conditions. Their responsibilities include:
- Issuing Wind Advisories: Officials provide warnings and alerts when dangerous wind conditions are expected.
- Road Maintenance and Safety Measures: Clearing debris and maintaining road signs and guardrails can prevent accidents.
- Traffic Management in High Winds: Temporary closures or detours may be implemented to keep drivers safe.
- Liability for Poor Maintenance: If an accident occurs due to a fallen tree or an unmaintained road hazard, local authorities may bear some responsibility.
Drivers should stay informed about wind advisories, check weather updates, and plan their routes accordingly to minimize risks during high wind conditions.
Common Myths About Driving in High Winds
- “Small Cars Are Safer in High Winds” – Lighter vehicles are actually more prone to being pushed off course.
- “Opening Windows Reduces Wind Impact” – This is a myth; keeping windows closed reduces air resistance and helps maintain control.
- “Bridges Are No More Dangerous Than Roads” – Bridges are more exposed and often experience stronger wind gusts.
- “You Can Steer Against the Wind Easily” – Sudden gusts can be unpredictable, making it difficult to maintain control.
- “Wind Won’t Affect a Parked Car” – High winds can topple trees, knock over power lines, or even push a parked car if gusts are strong enough.
Conclusion
High wind-related accidents are preventable with cautious driving and proper vehicle maintenance. However, when accidents do occur, understanding your legal rights and responsibilities can help you navigate the aftermath more effectively. If you or a loved one has been involved in a high wind-related accident, seeking legal guidance can ensure you receive fair compensation and justice.
Accident?
Our team of experienced car accident professionals is ready to help you assess your case and fight for the compensation you deserve. Don’t let the negligence of others dictate your future–let us be your advocate in this challenging time. Contact us today at 770Goodlaw.
