Our lawyers will help you pursue appropriate legal action against a negligent driver to ensure that you receive maximum compensation after an accident. A lawyer from Morelli Law can educate you on who is at fault when hydroplaning causes an accident. If a person is driving recklessly on slick and wet roads, they could be at fault for a hydroplane crash. If you were hurt in a California car accident that was caused by hydroplaning, you need to speak to the experienced California personal injury attorneys at Beckerman Anderson Law Firm to make sure your right to compensation is protected. They can investigate your collision and find evidence that proves who is to blame. Just like when youre driving on roads covered in snow, you want to be careful driving at high speeds during heavy rain. What Are the Most Common Causes of Fatal Car Accidents in California? That way if you are unfortunate enough to need a personal injury lawyer, we are an easy phone call away. And if the cars insufficient tires result in the accident, they would likely be considered liable because of their negligent maintenance. If your collision was caused by dangerous road conditions or lack of proper road signage, you could seek compensation from a municipality or state government. Defective tires that are prone to blowouts can increase the risks of a hydroplaning accident. Check out our Personal Injury FAQ Page to learn more about how the process works. This website is not intended to solicit clients outside the State of Iowa and/or State of Illinois. If you or someone you love has been involved in hydroplaning accidents, you or they deserve compensation. It doesnt matter if its snow or rain, you have to be careful when traveling in conditions that are outside the norm. We believe you should be able to focus on recovering while we handle the legal details. All Rights Reserved |Site Map. If youre unsure who is at fault in an accident caused by hydroplaning, a. from Morelli Law can provide information and help you with your case. If weather conditions created a dangerous situation, it was the drivers responsibility to act with reasonable care to prevent an accident. Our attorneys also stand ready to help you take the necessary legal action to help maximize your compensation. Aquaplaning can have serious adverse effects on ground controllability and braking efficiency. He and his office helped my family tremendously. Theyll use the following pieces of evidence to gain insight into the incident: If you are found to be at fault for an accident caused by hydroplaning, dont panic. The weather is uncontrollable. If you strike another vehicle, youll be considered at fault, even if you were hydroplaning at the time of the accident. Your lawyer can collect and analyze evidence to prove who is at fault. If the pressure is too low, connect an air compressor to the tires valve to fill it with air. The Hollywood fault is an invisible earthquake danger running under the heart of L.A. A crack splits the sidewalk at Discovery Well Park in Huntington Beach, located atop the Newport-Inglewood . If your hydroplaning accident took place because you breached your. If your tires have an incorrect tire pressure, this can also cause the tire thread to function improperly and not push the water away from the surface. If you live in a no-fault state like New York, then both parties involved in the hydroplaning accident will likely be able to pursue compensation from their own insurance policy, regardless of who caused the incident. Hydroplaning often occurs due to the build-up of water on the front of an automobiles tires. Although it is possible to hold someone else accountable for a hydroplaning accident, it is still a smart idea to drive cautiously and obey the rules of the road. If you are injured in a traffic accident, call Torem & Associates for your free case evaluation. Car owner. Hydroplaning, which happens when your car, motorcycle, or truck tires become separated from the road surface by a layer of water, can be caused by excessive speed or poor tire tread. at Beckerman Anderson Law Firm to make sure your right to compensation is protected. Who Is Responsible for a Hydroplane Car Accident in Seattle? Controlling your speed also helps; your chances of an aquaplane start around 30 mph and dramatically increase when going faster than 50 mph. This duty requires that a person respond to a situation the way any other reasonable person would to try and avoid causing injuries or damages to another person or property. Can I File a Claim if I Suffered Injuries From an Airbag? You were awesome. It is important to remember that putting liability for the accident on another person or entity will place the burden of establishing a. , which is not an easy thing to prove, squarely on your shoulders. A hydroplaning accident could be an at-fault accident if you were driving dangerously, like weaving in between cars, slamming on your brakes for no reason, making extremely sharp turns, or speeding. Contact our, Apache Junction, East Mesa and Queen Creek. A hydroplaning accident could be an at-fault accident if you were driving dangerously, like weaving in between cars, slamming on your brakes for no reason, making extremely sharp turns, or speeding. When youre traveling on the highway or interstate at 65 or 70 mph, the water forms a layer between your tires and the road. Specifically, it happens when you drive over a wet surface, and the tires of your vehicle lose traction with the ground and skid or slide overtop of the water or ice. Hydroplaning generally occurs when there is a loss of traction and the tire is separated from the road by the excess water. However, it is a way to limit the damages you might be able to recover if you choose to seek legal help. If you are involved in a California hydroplaning accident, our team can help. Does Car Insurance Cover Accidents if You Hydroplane? What is the Duty of Care Element in a Car Accident Case? If you see any information that is not factual or is incorrect, please notify us immediately, and we will ensure that the story is corrected with the most accurate content available. Injured? Call us at 877-380-8852 or contact us online today for a free case evaluation. Youll probably be navigating some roads that are beginning to flood. Many hydroplaning accidents occur due to road design flaws and poor road upkeep. Hydroplaning is a serious danger posed to Kentucky drivers during rainy and inclement weather. How Does Negligence Per Se Affect an Accident Claim. When this happens, a driver can lose control of the vehicle, causing a severe accident with other cars and pedestrians. If your hydroplaning accident took place because you breached your duty of care while driving, it will probably be an at-fault accident. What is the Hollywood earthquake fault? - Los Angeles Times Contact our Mesa car accident lawyers today to schedule a free consultation. The following are some of the parties that may be found at fault: Compensation for this type of accident can include future and past medical expenses as well as pain and suffering, and lost wages. It is possible, however, in some instances, for hydroplaning to be caused by another persons negligence. No matter your location, we would be honored to help. When a hydroplaned car hits you, Payer Law in Orlando advises that you contact a lawyer as soon as possible. Hydroplaning can be a difficult situation to handle as its happening. Once your tires lose traction, it is hard to regain control of the vehicle, which can lead to the car spinning out of control. Additionally, failing to replace worn-out or bald tires or not maintaining the cars brakes and steering components can also increase the risk of hydroplaning. Driving through standing water or through puddles. Do not turn the steering wheel; try to keep it straight or keep it from turning, Do not try to slam on your brakes; let the car slowly come to a stop on its own or slowly pump the brakes until the car stops, Let the team at Sally Morin help you navigate your claim so you can get the compensation you deserve. How Does Hydroplaning Occur? In this blog, youll learn the answer to the question, Is hydroplaning an at fault accident? and who could be liable. Tragically, hydroplane accident statistics indicate that these wrecks are not uncommon and can lead to serious or fatal injuries. Hydroplaning may sometimes occur with snow as well. If you need an attorney that wont look at you as just another case, thatll return your calls/emails I definitely recommend this team. Yes, I am a potential client.No, I am a current client.I'm neither. Who's at Fault in a Hydroplaning Accident? | Tario & Associates, P.S. Instead, a vehicle manufacturer may be liable if there was some sort of mechanical error that led to the vehicle hydroplaning. The information contained on this website is presented by VanDerGinst Law P.C. Call us at (949) 409-4299 to schedule your free consultation today. If you veered off the road and struck a pole or guardrail after hydroplaning, you might wonder if youre considered at fault. If you need further assistance regarding this particular topic, you can contactyour local Bar Associationfor a referral to an attorney who may be able to address your inquiry in more detail. Keep reading to learn about other measures you can take to protect yourself from wet pavement. A personal injury lawyer can also negotiate with the insurance company to ensure you receive the compensation you deserve for your injuries, medical expenses, pain and suffering, and other damages. Even if you arent sure if another party is responsible, we can review your case and offer you guidance on your best options moving forward. However, a hydroplane accident can be caused by a variety of factors, not just a driver guilty of poor tire maintenance. For example, if a driver enters your lane suddenly causing you to slam on your brakes and hydroplane into their vehicle, you could both be considered partially liable. You can do the following to control your car: If you can, pull off to a nearby parking lot or shoulder to calm yourself. Give us a call today at 425-399-7000, so we can line up your free consultation. After an injury, contact the attorneys at Sally Morin Personal Injury Lawyers. You can use the penny test to check your tires tread depth. This means acting as a reasonably careful and prudent person would under similar circumstances. Who May Be Liable for a Hydroplaning Accident? This field is for validation purposes and should be left unchanged. They were always very attentive and provided detailed answers to any questions I had. This is the case with hydroplaning. If the tread doesnt cover Abe Lincolns head, the tread is likely below 2/32 inches and needs a replacement. This may last for only a moment or an extended period, depending on how much water is on the road and how worn the tires are on a vehicle. A hydroplaned vehicle could strike other nearby vehicles, property, or pedestrians, or even run off the side of the road or into oncoming traffic. There are some accidents where the cause may be more confusing, because weather conditions are involved. Why is it considered my fault that I hydroplaned when I hit deep There are other factors that may play a role in determining liability, which is why you should strongly consider speaking to one of our licensed attorneys as soon as possible to establish who may be liable for your damages. When a tires pressure is too high, release air by pushing the valve. While drivers are using the Iowa-bound bridge for both directions of traffic, they are having to drive on the shoulder where the water accumulated. As with snowy roads, instead, let your foot off the gas pedal slowly and turn your steering wheel in the direction your car is going. Or perhaps another driver stopped in the middle of the road where they werent supposed to, and you had to slam on the brakes, causing you to hydroplane; it is also possible that they could be the one at fault and not you. Water accumulation on a roadway may be the result of: Improperly designed roads Poor road maintenance An improperly sloped roadway Inadequate road warnings Who is liable in a hydroplaning accident? Low or high tire pressure can affect a tires ability to make contact with the road and cause you to lose control of your vehicle. If a person is driving recklessly on slick and wet roads, they could be at fault for a hydroplane crash. 5 Tips for Negotiating a Personal Injury Settlement with Insurance Companies, 5 Things Everyone Gets Wrong About Personal Injury, 8 Mistakes to Avoid When Pursuing a Personal Injury Case. SE Cedar Rapids, IA 52403, 2020 VanDerGinst Law, PC, Dennis VanDerGinst. Drivers owe a duty of care to others on the road to adjust their driving speed and maneuvers to accommodate weather and road conditions. Avoid hard braking when the roads are wet. Please contact a personal injury attorney for a consultation regarding your situation. However, if your accident occurred during a severe storm, you might be unsure who caused the collision. If the accident is someone elses fault, you will need a lawyer to help you prove your case and defend your rights, which is not easy in hydroplane accident cases. On approach by night, the crew failed to realize his altitude was too low when the right wing struck the top of ridge. Tire tread wear reduces the tires ability to push water out of the way, causing hydroplaning when it loses contact with the road. Additionally, obtain contact information from any parties involved and any witnesses who saw the accident. When there are severe weather conditions they will likely increase your chances of getting involved in a car accident. When this happens, a driver can lose control of the vehicle, causing a severe accident with other cars and pedestrians. Is Hydroplaning an Accident That Was My Fault? - McCoy and Sparks Even if you feel fine, you could still have an injury that has been masked by the initial shock and adrenaline rush caused by the crash. If your hydroplane accident occurred due to a defective part that caused your vehicle to malfunction, then you might be able to hold the manufacturer of the faulty part responsible. Resources. What happens if hydroplaning causes a single-car accident? This can cause loss of traction and hydroplaning. COVID-19 NOTICE: For your safety and convenience we offer a variety of contactless options. Call us at 877-380-8852 or contact us online today for a, get started with your free case evaluation, 1857 Market Street, San Francisco, CA 94103, 12655 West Jefferson Blvd. Although this is an ideal scenario for controlling a hydroplane, sometimes road conditions, other motorists, and the type of roadway a vehicle is on will factor into how a driver handles a hydroplane. They may try to make the case that you were partially responsible, or they may argue that your damages arent as severe as you claim. While it is possible to hold another party liable for a hydroplane accident, it is still wise for you to handle your vehicle with care. So, if your hydroplane accident happened in a place where ice or water should not have been allowed to accumulate for safety reasons, you might be able to bring a claim against the city. The information provided in these posts should not be misconstrued as legal or medical advice. Determining Fault for a Hydroplaning Accident The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Who's at fault in car hydroplaning accidents? for the crash. Their positive attitudes definitely put me at ease for the entirely of my recovery and the insurance claim process. Getting Legal Help for a Hydroplane Wreck. our firm today to schedule a free consultation and learn more about your rights. Hydroplaning can be very dangerous in the first minutes of any storm or rain shower. However, if your accident occurred during a severe storm, you might be unsure who caused the collision. Will My Car Insurance Go Up After an Accident? Hydroplane wrecks are considered at fault accidents, and the liable party will depend on the circumstances of the wreck in question. So, when you head out on the road and end up hydroplaning as a result of slick roads from bad weather, its hard to see how anyone else can be to blame except yourself. A driver may try to deny fault by claiming that extreme weather is the sole cause of the crash and that his or her actions had nothing to do with the accident. Keep both hands firmly on the steering wheel and try to keep it as straight as possible. Call us at (949) 409-4299 to schedule your free consultation today. If a driver fails to use the duty of care while driving on wet pavement in a way that could prevent or minimize harm, they may be held responsible for damages resulting from an accident. In this case, the total amount that youd be able to receive would be reduced by 20%. Hydroplane Car Accident: Who is at Fault? - suraskylaw.com Once your tires lose traction, it is hard to regain control of the vehicle, which can lead to the car spinning out of control. No, not necessarily, but it can be. Liability for your damages may also come down to whether the driver whose vehicle hydroplaned was in safe driving condition. Who Is At Fault In A Hydroplaning Car Accident? - Sacramento Auto Accident A lawyer from Morelli Law can educate you on who is at fault when hydroplaning causes an accident. Especially common in the first ten minutes of light rainfall because the rain mixes with oil residue on roads, hydroplaning occurs when roads become slick and difficult to navigate. The information provided on the web is not privileged and does not create an attorney-client relationship with the Arnold Law Firm or any of the firms lawyers. When Is Hydroplaning an At-Fault Accident? - Beckerman Anderson Law firm These steps are very similar to the ones needed to take when trying to prevent a tire blowout. Hydroplaning collisions can happen to anyone, but there are measures you can take to avoid them. This is generally caused by large amounts of water that gets between the road and your tires. Almost one million accidents occur each year due to wet roads in the United States, resulting in 384,000 injuries and 4,700 deaths. The Missouri Department of Revenue advises drivers to slow down and use the three-second rule to leave a safe distance between their vehicles and other cars in front of them. In cases where hydroplaning accidents are caused by defective tires, the tire manufacturer may be held responsible. Your lawyer can work with auto engineering experts to find evidence proving whether a defective part is to blame. If you were driving a car you didnt own, the cars owner may be liable if maintenance issues caused the accident. You should not act upon any such information without seeing professional counsel. In most cases, the driver who caused the hydroplaning accident will be held liable if it can be proven that they were engaging in, In cases where hydroplaning accidents are caused by defective tires, the tire. Here are four steps you can take to prevent hydroplaning: Maintaining your vehicle is a way you can prevent accidents and take control even in the worst weather. For example, if a car suddenly stops illegally on the road and the driver behind them doesnt have enough time to stop, the rear-ended driver could be considered partially or wholly liable. Types of Cases. How can you avoid it? Is it a no fault accident if you hydroplane on a wet road and get hit However, collecting compensation for these damages in this type of personal injury claim can be a bit difficult. Holding local municipalities at fault can be especially difficult. Toll Free:800-797-5391 Fax:309-517-3020, Chicago Office 1 N LaSalle St, Suite 3100 Chicago, IL 60602, Des Moines Office400 Locust St, Suite 170Des Moines, IA 50309, Moline Office4950 38th Ave. Moline, IL 61265, Cedar Rapids Office1030 Mt. . Helping you through the entire legal process, J. Cogburn Law attorneys can help you get the compensation you deserve. If possible, drive around large puddles of water. My daughter totaled her car in a hydroplaning accident. If the accident was caused by defective tires or defective tires contributed to a hydroplane accident, the tire manufacturer can be held liable. Who Is Responsible For a Hydroplaning Accident | Frasier, Frasier Hydroplaning is when water stays between the tire and the road, disconnecting the tire from the road and making the car glide on top of the water. That way, youll be less likely to get into an accident when you lose control of your vehicle. 15,700. Other responsible parties could include: Whether or not your insurance will cover your hydroplaning accident will depend on the accident and your policy. There are three main parties who can be held responsible for a hydroplaning accident: If you have lost a loved one or been injured through no fault of your own, you have enough on your plate. When the water mixes with the oil found on the road, the conditions can make it way easier for someone to lose control of their car. If you routinely maintain your vehicle, but the shop or mechanic who fixes it makes a mistake that involves your tires or another part of your vehicle, and that mistake causes you to lose control of your car and hydroplane, you could hold the repair shop or the mechanic accountable. This includes property damage, medical expenses, lost wages, and more. Following your conversation with law enforcement, it is smart to visit the hospital or see a doctor immediately. You should consult an attorney for advice regarding your individual situation. Driving at a safe speed appropriate to the weather and road conditions is vital to avoiding hydroplaning. while driving, it will probably be an at-fault accident. Let an experienced accident attorney fight for the justice and fair compensation that you deserve. Tips for Talking with the Insurance Company After Your Accident, How to File a Claim for a Workplace Brain Injury, What To Do if You Were Injured as a Passenger in a Car Crash. Proving Fault in Car Accidents Caused by Hydroplaning document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Copyright 2023 McCoy and Sparks Law Firm | All Rights Reserved, By McCoy & Sparks, PLLC | December 20, 2022 |, deficiency that contributes to the accident. The photographs used in this post are not representative of the actual accident scene. Hydroplaning happens when a vehicle's tires lose their grip on a road surface and travel across a film of water. Manufacturers: Poorly manufactured, defective, or unsafe tires as a cause of hydroplaning. If not, slow way down while driving through. In most states, hydroplaning can't be used as an excuse for an accident. At first youre okay, but eventually the rain keeps coming down harder and harder until the roads start to be unmanageable. All seven crew members were killed. The airplane crashed in the Harding Canyon located 7 miles northwest of the airbase. In most cases, the driver who caused an accident while hydroplaning is at fault. So, when you are driving around town and suddenly hydroplane as a result of slippery roadways caused by an unexpected rainstorm, it can be difficult to see how anyone besides you could be at fault for the accident. 3 0 If you hydroplane or skid and hit another car, you are at fault, and you are guilty failure to maintain control of your vehicle. I never in a million years thought that I would be in a pedestrian accident, so I was completely overwhelmed when 1) it happened and 2) I had to immediately start attempting to understand the insurance process that goes along with it. If youre unsure who is at fault in an accident caused by hydroplaning, a car accident attorney from Morelli Law can provide information and help you with your case. Failure to respond in a manner that would prevent or minimize harm given the emergency could result in a breach of duty, which would make a driver guilty ofnegligenceand therefore liable for the damages that result. Just because a driver failed to have their tires rotated does not mean that other parties are not responsible for a crash that resulted from hydroplaning. As of April 12, 2021, there are several signs up on and before the Illinois-bound side of the new I-74 bridge warning drivers to slow down because there is standing water on the bridge. Calling 911 can ensure that you receive immediate medical attention and that the authorities document the incident. One of the most common accidents is a hydroplane accident, which involves a vehicle losing control on a wet road. Look for tire tracks left by cars in front of you and try to drive in them. However, there are scenarios in which another party may be liable. These factors dramatically increase the risk of car accidents, including rear-end and single-vehicle accidents caused by hydroplaning. To learn more about how your states fault laws affect your hydroplaning accident case, reach out to an experienced lawyer today. In most states, hydroplaning cant be used as an excuse for an accident. document.getElementById("ak_js_1").setAttribute("value",(new Date()).getTime()). Our attorneys are prepared to help. All Missouri drivers must drive carefully and cautiously to avoid risking others lives and property. Liability for Vehicle Accidents Caused by Hydroplaning - Steven M. Lee, PC I would call on this law firm again if the need arose. A hydroplaning accident is frequently an at-fault accident. Is Hydroplaning an Accident That Was My Fault? - Sally Morin Law When drivers fail to maintain their tires, resulting in wear-and-tear or improper pressure, they are at greater risk of hydroplaning accidents. In the more recent incident, its unclear whether the standing water was due to drainage issues or due to heavy weekend rain. Depending on speed, road conditions, visibility, and the type of cars involved, hydroplaning incidents can range from small fender benders to devastating crashes. Its the car owners responsibility to ensure the safety of their vehicle. However, knowing that 46% of weather-related crashes happen when it's raining can help you make better travel decisions.