Who may be at fault in a weather-related accident in Pennsylvania?

Insurance companies feel that if you decide to drive in bad conditions, you are then assuming full responsibility for yourself, any passengers you may have and your car.

Insurance companies will always look for fault in one of the drivers, even if the weather conditions are unfavorable. If you slide into another driver’s lane, you may be responsible for the crash. In other situations, both drivers may split the blame for the collision.

It is important to note that even though insurance companies always cite one driver as being at fault, any legal charges laid by the police may be dropped as a result of bad weather. What that means is that you may not pay a fine and may not get points added to your license.

Any decision made by the insurance company can be appealed, but keep in mind that bad road conditions, on their own, are generally not enough justification to suggest that you are not totally or partially responsible for the collision. To file a claim, you would need to prove the other driver is at fault for the accident.

If you are involved in a weather-related car crash, each driver in the pileup will receive reduced compensation directly in relation to their degree of negligence. In Pennsylvania, the state follows the doctrine of modified comparative negligence, meaning that although you may claim compensation for your damages after a car accident, the degree of negligence must not be greater than 50 percent.

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