From June to November, Florida drivers face torrential downpours, high winds, and flooded streets. Hurricane season brings a spike in traffic accidents. A common misconception is that if an acciden...
From June to November, Florida drivers face torrential downpours, high winds, and flooded streets. Hurricane season brings a spike in traffic accidents. A common misconception is that if an accident is caused by 'Mother Nature' (like hydroplaning), no one is at fault. This is wrong. In Florida, drivers have a duty to adjust their driving to the weather conditions. 'It was raining' is not a valid excuse for losing control.
The Duty to Drive for Conditions
Florida law requires drivers to operate their vehicles safely given the *current* conditions. If the speed limit is 70 mph but it's pouring rain, driving 70 mph might be negligent. If a driver hydroplanes and hits you, they are likely liable because they were driving too fast for the wet road, or their tires were bald.
Malfunctioning Traffic Lights
After a storm, traffic lights often go out. Under Florida law, an intersection with a broken light becomes a 4-Way Stop. Accidents happen when drivers blow through these dark intersections. Liability usually falls on the driver who failed to yield the right-of-way, not the city for the power outage.
Debris on the Road
Hitting a fallen tree branch is usually considered a 'collision with an object' (your fault). However, if a truck in front of you drops debris because it wasn't secured properly in the wind, that driver is liable. Dash cam footage is critical in these cases.
Flooded Roads
Driving into deep water can destroy your engine. This is typically a comprehensive insurance claim, not a collision claim. But if another driver creates a wake that floods your car, you might have a case against them.
Contact Emas Law Group Today
Bad weather requires better driving. If you were hit by someone who refused to slow down for the storm, Emas Law Group will hold them accountable. Don't let them blame the rain for their recklessness.
Frequently Asked Questions
Is hydroplaning always the driver's fault?
Almost always. It indicates excessive speed or poor tire maintenance. It is rarely considered an 'Act of God' in court.
Does insurance cover flood damage?
Only if you have Comprehensive coverage. Liability or Collision coverage usually does not cover flood damage.
Can I sue the city for bad drainage?
It's very difficult due to sovereign immunity laws, but possible if we can prove they knew of a dangerous defect and ignored it.