The party at fault for a hydroplaning accident depends on the facts leading up to the crash, and the driver who hydroplanes is not always to blame. Investigators often look at the events leading up to the crash before deciding who may be at fault.
Most drivers have felt their vehicle slide or drift on a wet road. Hydroplaning happens when water prevents the tires from fully gripping the pavement, which can make the vehicle harder to control. Many people assume that a hydroplaning crash is an accident caused by rain.
However, insurance companies look closely at what the driver was doing before losing control. Speed, vehicle maintenance, road conditions, and other factors may all play a role. Our Fort Lauderdale car accident lawyer can investigate the hydroplaning crash to help determine who’s responsible for the damages.
Why Investigators Look Closely at Hydroplaning Accidents
Rainy weather can make driving more difficult, but that does not answer the question of who caused a crash. Investigators often look at the circumstances leading up to the collision to understand what happened and who is at fault for the hydroplaning accident.
They may ask questions such as:
- Was the driver traveling too fast for wet conditions?
- Were the tires worn or unsafe?
- Did the driver ignore warnings about the weather?
- Was the driver following behind another vehicle too closely?
- Did the driver make a sudden maneuver that caused a loss of control?
If a reasonable driver had adjusted their driving to account for the weather, an insurer may argue that the hydroplaning driver was negligent.
How Fault Is Determined After a Hydroplaning Accident
Determining fault usually requires a review of the evidence surrounding the crash. Investigators may review photographs, witness statements, weather conditions, vehicle damage, and other available evidence.
The goal is to determine how the crash happened and who may be responsible. Our car accident lawyer will challenge allegations that are not supported by the evidence and present facts that support your claim.
Can Another Driver Be Responsible for a Hydroplaning Crash?
Another driver can be liable for a hydroplaning crash if their actions contributed to it. They may share responsibility if they:
- Cut off another vehicle.
- Made an unsafe lane change.
- Followed another vehicle too closely.
- Drove at a high speed in dangerous weather.
- Forced another driver to brake or change direction suddenly.
Florida law recognizes that fault is not always all-or-nothing. If the actions of multiple people contributed to the crash, responsibility may be shared.
Does Insurance Cover a Hydroplaning Accident?
Insurance may cover the accident, but the coverage available depends on the circumstances of the crash and the policies involved. Florida is a no-fault insurance state. After a crash, drivers generally turn to their Personal Injury Protection (PIP) coverage for medical expenses and certain lost wages, regardless of who caused the accident.
Still, PIP benefits are limited and do not cover every loss. Vehicle damage is often handled through collision coverage if the driver carries that type of insurance. If another driver contributed to the crash, that driver’s liability coverage may also become relevant.
Even in Florida’s no-fault system, fault can still affect certain claims, including vehicle damage and some serious injury cases.
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Can Dangerous Road Conditions Contribute to Hydroplaning?
Road conditions can sometimes contribute to a hydroplaning crash. Poor drainage, standing water, flooded roadways, construction hazards, and certain roadway design issues may increase the risk of a driver losing traction.
In some cases, standing water, poor drainage, or problems with the roadway may have contributed to the crash. When that happens, determining who is responsible can be more complicated. If a government agency responsible for roadway maintenance and safety is involved, different rules may apply.
What Evidence Helps Prove Who Is at Fault for a Hydroplaning Accident?
Evidence that can help prove who is responsible for damages includes:
- Photographs of standing water
- Vehicle inspection records
- Tire maintenance records
- Dash cam footage
- Cell phone videos
- Police reports
- Statements from people who saw the crash
This and other evidence can also help show whether a driver acted responsibly under the circumstances.
What Damages May Be Available After a Crash?
The damages a person could receive depend on the facts of their case and how severe their injuries are. People injured in hydroplaning crashes may be able to recover damages for medical bills, lost pay, property damage, pain and suffering, and other crash-related losses.
Our Fort Lauderdale personal injury lawyer will work on your claim while you heal from the crash. We will review the accident, identify all losses related to the wreck, and calculate the value of the claim.
This may involve gathering medical records, employment information, repair estimates, and other evidence that shows how the injuries have affected your life. We also handle conversations with the insurance company for you and work to protect your claim.
For a free legal consultation,
Call 800-602-5000
How Long Do You Have to File a Personal Injury Lawsuit in Florida?
If we must move forward with a lawsuit, Florida generally allows two years from the date of the crash to file it with the court, per Florida Statutes § 95.11(5)(a). In some cases, the deadline could be shorter.
Missing the deadline means losing your opportunity to seek damages through the court system. Starting an investigation as early as possible can help preserve evidence that can become harder to get as time passes. We will keep your case on track and file it on time.
Recovering from a Hydroplaning Crash? Call Us for Legal Help
Proving who’s at fault in a hydroplaning accident is not always straightforward. We will review your case and help you move forward without unnecessary delays.
Blakeley Car Accident & Personal Injury Lawyers helps people throughout South Florida understand their options after serious crashes. We have recovered more than $250 million for injured clients and bring over four decades of combined legal experience to accident cases.
When you call us, we will call you back and keep you up to date about your case. As South Florida’s most well-known Personal Injury Lawyer, we understand that every case is personal, and we treat every client with respect. For a review of your legal options and next steps, call our team today for a free consultation.
