How Does New Jersey Law Handle Car Accidents Caused by Winter Weather Conditions?
During the winter, New Jersey gets some significant snowfall in certain locations, particularly at higher elevations. Freezing weather conditions can make things more difficult for drivers as they traverse icy and snowy roads to get to their destinations.
Snow, ice, and slush can drastically decrease traction and make it harder to control vehicles. Common collisions include rear-end crashes and rollovers. Reduced visibility from snowstorms and fog can also lead to serious accidents.
As a driver, this can be a frustrating situation. You may wonder what legal rights you have in these situations. If you are involved in a crash due to extreme weather conditions, you obviously can’t sue and recover compensation from the weather, but surely you must be able to recover something, right?
It’s helpful to understand New Jersey’s negligence laws. In New Jersey, car accidents caused by winter weather are primarily addressed through the legal principle of negligence, which refers to a driver's failure to exercise reasonable care under the circumstances. While bad weather is a factor, driver behavior is crucial in determining fault.
In New Jersey, drivers are legally required to adjust their speed and driving behavior based on road and weather conditions. In weather-related accidents, liability is often based on several key factors:
- Speeding for conditions. A driver may be considered negligent for failing to slow down on icy or snowy roads, even if they were within the posted speed limit.
- Tailgating. Following too closely is a common cause of rear-end crashes during winter driving.
- Poor vehicle maintenance. Issues like bald tires, faulty brakes, or broken windshield wipers can increase the risk of an accident and influence fault.
Insurance companies will often try to minimize payouts by attributing accidents solely to bad weather. To strengthen your claim, be sure to collect evidence, such as photos, witness statements, and police reports, to show negligence.
New Jersey’s Snow and Ice Law
The state also has a law that requires drivers to clear ice and snow from their vehicles. NJ Rev Stat § 39:4-77.1 states that every driver operating a motor vehicle on any street or highway in this State has a legal duty to make reasonable efforts to remove accumulated ice or snow from the vehicle’s exposed surfaces before driving. These surfaces include, but are not limited to, the hood, trunk, windshield, windows, roof, truck cab, trailer or semitrailer tops, and intermodal freight containers on chassis. Police may stop a vehicle if they believe the accumulated snow or ice poses a danger to people or property. Violators may be fined between $25 and $75 per offense, even if no ice or snow falls from the vehicle.
Contact Us Today
Snow and ice on the roadway can cause slippery driving conditions. These conditions can be dangerous for motorists, causing serious accidents.
The New Jersey car accident lawyers at Leonard Legal Group can take the burden of the claim process off your shoulders as well as serve as your advocate to the insurance company. You have just two years to file a claim, so act quickly. Schedule a consultation with my office today. Contact us via (973) 984-1414 or online here.