You’re driving down I-25 on what seemed like a perfectly normal Colorado Springs morning when suddenly – bam! – a surprise hailstorm hits, and before you know it, you’re sliding into the car in front of you. Sound familiar? If you’ve lived in Colorado Springs for more than five minutes, you know our weather can go from zero to crazy faster than you can say “Pikes Peak.”
Weather-related car accidents are basically a fact of life here in the Springs. Between our infamous hailstorms, those sneaky black ice patches, and snow that can dump three feet overnight (thanks, Mother Nature), our roads can turn into obstacle courses without warning. But here’s the thing that really gets people scratched up – not the accidents themselves, but figuring out who’s responsible afterward.
I’ve been dealing with these cases for years at McCormick & Murphy, and let me tell you, weather-related accidents are some of the trickiest situations you’ll encounter when it comes to liability. It’s not as simple as “the weather did it, so nobody’s fault,” and it’s definitely not as straightforward as your typical fender-bender on a sunny day.
Why Colorado Springs Weather Makes Driving So Tricky
Let’s be real – Colorado Springs weather is basically bipolar. One minute you’re cruising with the windows down, and the next minute you’re white-knuckling it through a blizzard that came out of nowhere. We’ve got this unique geography thing going on with Pikes Peak and the Front Range that creates these wild microclimates. You can literally drive from sunshine into a wall of hail in about thirty seconds.
The thing is, our weather patterns are getting more unpredictable. I’ve noticed in recent years that we’re seeing more of those “surprise” storms that the weather folks didn’t see coming. Just last winter, we had that massive storm that dumped over two feet of snow in some areas while other parts of town barely got dusted. Try explaining that to an insurance adjuster from Florida who’s never seen snow!
And don’t even get me started on our elevation changes. Driving from downtown up to the Broadmoor area can mean completely different weather conditions in a matter of minutes. I’ve had clients who started their trip in clear conditions and ended up in a weather-related accident just a few miles later because conditions changed so dramatically.
The Most Common Weather-Related Accidents We See
Snow and Ice Accidents
These are probably the bread and butter of weather-related accidents here in Colorado Springs. We get snow from October through May (sometimes June if we’re really unlucky), and with that comes all sorts of fun scenarios.
Black ice is the sneaky villain here. You can’t see it, your car doesn’t handle like you expect, and suddenly you’re spinning like a figure skater who’s had too much coffee. I’ve seen so many accidents where people were driving perfectly reasonably for normal conditions, but black ice turned their commute into a nightmare.
Then there are the folks who think their four-wheel drive makes them invincible. News flash – four-wheel drive helps you go, but it doesn’t help you stop. I can’t tell you how many times I’ve seen someone in a big SUV rear-end a smaller car because they thought their vehicle could handle anything.
Hailstorm Chaos
Colorado Springs hailstorms are legendary, and not in a good way. We’re talking golf ball-sized chunks of ice falling from the sky at highway speeds. When one of these storms hits during rush hour, it’s absolute chaos.
The visibility drops to basically zero, people panic and slam on their brakes, and suddenly you’ve got a multi-car pileup on Powers Boulevard. I remember one storm a couple years back where we had over fifty accidents in a single afternoon. The tow truck drivers were busier than bartenders on New Year’s Eve.
Wind-Related Incidents
People don’t always think about wind as a major accident cause, but here in Colorado Springs, we get some serious gusts. Those chinook winds can hit 80+ mph, and they’ll push your car around like a toy. This is especially dangerous for high-profile vehicles like RVs, trucks pulling trailers, and motorcycles.
I’ve handled cases where perfectly good drivers got pushed into other lanes by wind gusts. It sounds crazy if you’ve never experienced it, but when you’re getting hit by 70 mph crosswinds, even a heavy vehicle can move more than you’d expect.
Flash Flood Situations
Our summer thunderstorms can create flash flood conditions faster than you can say “Don’t Drown, Turn Around.” Those arroyos and low-lying areas that are bone dry most of the year can suddenly become raging rivers.
The scary part is that people often don’t realize how dangerous it is to drive through standing water. Just six inches of water can float a car, and twelve inches can carry away an SUV. I’ve seen too many accidents where someone thought they could make it through a flooded underpass and ended up in serious trouble.
How Colorado Law Handles Weather-Related Accidents
Here’s where things get interesting from a legal standpoint. Colorado follows what’s called “comparative negligence,” which basically means that fault can be shared between multiple parties. Just because the weather was bad doesn’t automatically let everyone off the hook.
The “Act of God” Defense
Insurance companies love to throw around the term “Act of God” when weather’s involved, but don’t let that fool you. Yes, weather is natural and unpredictable, but that doesn’t mean drivers are completely absolved of responsibility. Colorado courts have consistently held that drivers have a duty to adjust their driving to current conditions.
Think of it this way – if you’re driving 65 mph in a blizzard with zero visibility, you can’t just shrug and say “Act of God” when you rear-end someone. You should have slowed down, pulled over, or not been driving at all.
Reasonable Driver Standard
Colorado uses what’s called the “reasonable driver” standard. This means asking: “What would a reasonable, prudent driver do in these same weather conditions?” If you were driving in a way that a reasonable person wouldn’t, you could still be found liable even if weather was a factor.
For example, if it’s actively hailing and you decide to keep driving at normal speeds instead of pulling over, that might not be considered reasonable. On the flip side, if you’re driving appropriately for conditions and get hit by someone who wasn’t adjusting their driving, the weather doesn’t protect them from liability.
Duty to Maintain Control
One of the big legal principles in Colorado is that drivers have a duty to maintain control of their vehicles. Weather might make this more challenging, but it doesn’t eliminate the responsibility. If you lose control and hit someone, you could still be liable even if ice or wind was a contributing factor.
This is where things get tricky in legal cases. We have to look at whether the driver was doing everything reasonable to maintain control given the conditions. Were they driving too fast? Following too closely? Using inappropriate tires? All of these factors come into play.
Who’s Actually Responsible When Weather’s Involved?
This is the million-dollar question, and honestly, it depends on a bunch of factors. Let me break down the most common scenarios I see.
Driver Responsibility
Most of the time, at least one driver bears some responsibility, even in weather-related accidents. Here’s what courts typically look at:
Speed for conditions: Were you driving at a safe speed for the weather? Posted speed limits are for ideal conditions. If it’s snowing, icy, or visibility is poor, you need to slow down. I’ve seen cases where someone was driving the speed limit but still found partially liable because they should have been going slower.
Following distance: That three-second rule? Yeah, that’s for perfect weather. In bad conditions, you need way more space. Tailgating in snow or ice is just asking for trouble, and courts don’t have much sympathy for drivers who don’t adjust their following distance.
Vehicle maintenance: This is a big one that people often overlook. If your tires are bald, your brakes are shot, or your windshield wipers don’t work, you’re setting yourself up for liability. Courts expect drivers to maintain their vehicles in condition to handle reasonably foreseeable weather.
Attention and awareness: Were you paying attention to changing conditions? If you drove into a storm without adjusting your driving, that could be considered negligent. On the flip side, if conditions changed suddenly and you couldn’t reasonably have anticipated them, that works in your favor.
Colorado’s comparative negligence system means that fault can be divided between drivers. For example, let’s say Driver A was following too closely in icy conditions, and Driver B had bald tires. Driver A rear-ends Driver B when they both hit a patch of ice. A court might find Driver A 70% at fault for following too closely and Driver B 30% at fault for having unsafe tires.
This matters a lot for compensation. If you’re found partially at fault, your recovery gets reduced by your percentage of fault. So if you had $10,000 in damages but were 30% at fault, you’d only recover $7,000.
Government Entity Liability
Sometimes the government can be responsible for weather-related accidents. This usually involves road maintenance issues like:
- Failure to salt or sand roads in a timely manner
- Inadequate warning signs about dangerous conditions
- Poor road design that creates hazardous conditions during weather events
- Malfunctioning traffic signals during storms
But here’s the catch – suing government entities is way more complicated than suing other drivers. There are special procedures, shorter deadlines, and sovereign immunity issues to deal with. Plus, governments generally aren’t required to keep roads perfect in all weather conditions, just reasonably safe.
Vehicle Defect Cases
Sometimes weather-related accidents happen because of vehicle defects. Maybe your anti-lock brakes failed on ice, or your tires had a defect that caused them to lose traction. These cases can involve the vehicle manufacturer, tire company, or parts suppliers.
Product liability cases are complex and require expert testimony to prove the defect caused the accident. But when they’re successful, they can result in significant compensation since manufacturers typically have much deeper pockets than individual drivers.
Proving Fault in Weather-Related Cases
Proving fault when weather’s involved is like solving a puzzle where half the pieces look the same. You need to gather evidence quickly and thoroughly because weather conditions change, and physical evidence can disappear fast.
Immediate Evidence Collection
If you’re in a weather-related accident, here’s what you need to do right away (after making sure everyone’s safe, of course):
Document the weather conditions: Take photos of the sky, any precipitation, standing water, ice, or snow. Your phone’s camera will timestamp these, which is crucial for establishing conditions at the time of the accident.
Get witness statements: Other drivers, pedestrians, or people in nearby buildings who saw the accident can provide valuable testimony about both the accident and the weather conditions.
Police reports: Make sure police are called and that they document the weather conditions in their report. Sometimes officers will note things like “roads were icy” or “heavy snow falling” that become important later.
Vehicle positions: Document where all vehicles ended up, any skid marks, and the overall accident scene. This helps reconstruct what happened and whether drivers were behaving reasonably for conditions.
Weather Data and Expert Testimony
In serious weather-related cases, we often need to bring in meteorologists or accident reconstruction experts. They can provide detailed weather data showing exactly what conditions were like at the time and location of your accident.
The National Weather Service keeps detailed records, and there are private weather services that can provide even more specific data. Sometimes we can show that conditions changed rapidly, supporting a driver’s claim that they couldn’t have reasonably anticipated the hazard.
Accident reconstruction experts can analyze things like vehicle speeds, braking distances on wet or icy roads, and whether drivers had enough time to react to changing conditions. This testimony can be crucial in establishing whether someone was driving reasonably for the conditions.
Technology Evidence
Modern vehicles have event data recorders (like airplane black boxes) that can show speed, braking, and steering inputs before an accident. This data can be crucial in weather-related cases because it shows exactly how drivers were responding to conditions.
Dash cameras are becoming more common and can provide incredible evidence of both the accident and the weather conditions. Cell phone records can sometimes show whether a driver was distracted during the incident.
Traffic cameras and security cameras from nearby businesses might capture the accident or show weather conditions. We always check for these sources early because the footage often gets deleted after a short time.
Insurance Companies and Weather-Related Claims
Dealing with insurance companies after weather-related accidents can be… well, let’s just say it’s about as fun as a root canal during a hailstorm. Insurance adjusters have their own playbook for weather-related claims, and it’s not always in your favor.
The “Act of God” Runaround
Insurance companies love to use weather as an excuse to deny or reduce claims. They’ll often argue that severe weather was an “unforeseeable act of God” that breaks the chain of causation. But here’s the thing – Colorado law doesn’t let drivers off the hook just because weather was involved.
I’ve had adjusters try to argue that hail damage to a client’s car wasn’t covered because it was an “act of God,” even though the client had comprehensive coverage. Or they’ll claim that a driver who slid on ice couldn’t have done anything differently, so their insured isn’t liable. Both arguments are usually wrong under Colorado law.
Comparative Fault Games
Insurance companies are also quick to try to shift blame to the other driver in weather-related accidents. They’ll argue that if you were driving in bad weather, you must have been driving unreasonably, even if their insured was the one who caused the accident.
For example, I had a case where my client was rear-ended at a stoplight during a snowstorm. The other driver’s insurance company argued that my client was partially at fault for “choosing to drive in dangerous conditions.” That’s ridiculous – people have to get to work, pick up their kids, and handle emergencies regardless of weather.
Lowball Settlement Offers
Weather-related accidents often result in lowball settlement offers because insurance companies know these cases can be complex and expensive to litigate. They’re betting that you’ll take a quick, low settlement rather than fight for what you deserve.
The problem is that weather-related accidents often cause more damage than typical accidents. When cars slide on ice or get pushed by wind, they can hit multiple objects or roll over. The forces involved can be greater than normal impacts, leading to more serious injuries and vehicle damage.
Documentation Demands
Insurance companies will demand extensive documentation in weather-related cases. They want weather reports, maintenance records for your vehicle, proof of your driving record, and detailed statements about exactly what happened.
While some of this is reasonable, they’ll sometimes use documentation requests as a delay tactic or to look for reasons to deny your claim. That’s why it’s important to have someone on your side who knows what documentation is actually necessary and what’s just fishing.
What to Do Right After a Weather-Related Accident
Let’s talk about the immediate aftermath of a weather-related accident. I know it’s stressful and confusing, but what you do in those first few minutes and hours can make a huge difference in your case later.
Safety First, Always
Before you worry about fault or insurance or anything else, make sure everyone’s safe. Weather-related accidents often happen in ongoing dangerous conditions, so you need to be extra careful.
Get your vehicle out of traffic if possible, but don’t put yourself at risk. If it’s still hailing, snowing heavily, or conditions are dangerous, stay in your vehicle until it’s safe to get out. Turn on your hazard lights and call 911.
If you must get out of your vehicle, be extremely careful. Roads that caused one accident are likely to cause others. I’ve seen too many cases where someone got hurt after the accident because they slipped on ice or got hit by another vehicle while dealing with the first accident.
Call the Police
You should always call police for weather-related accidents, even if they seem minor. Weather conditions can make damage and injuries less obvious initially, and having an official report is crucial for insurance and legal purposes.
When police arrive, make sure they document the weather conditions in their report. Sometimes officers will note general conditions like “snowing” but miss important details like “roads were icy” or “visibility was less than 100 feet.” Don’t be afraid to politely point out specific conditions that contributed to the accident.
Document Everything
I can’t stress this enough – document everything you can about the weather conditions and the accident scene. Your phone is your best friend here.
Take photos of:
- The overall accident scene
- All vehicles involved and their damage
- Weather conditions (snow, ice, standing water, etc.)
- Road conditions and any hazards
- Traffic signs or signals
- Skid marks or other evidence
Also, write down your recollection of what happened while it’s fresh in your memory. Include details about what the weather was like when you started driving, how conditions changed, and exactly what happened in the moments before the accident.
Get Contact Information
Exchange information with all other drivers involved, just like any accident. But also get contact information for any witnesses. In weather-related accidents, witness testimony about conditions can be especially valuable.
If there are other drivers who stopped to help or businesses nearby with employees who saw what happened, get their information too. Sometimes witnesses disappear quickly, especially in bad weather when everyone wants to get to safety.
Seek Medical Attention
Don’t skip medical attention just because you think the accident was “just weather-related.” Weather-related accidents can actually cause more severe injuries than typical accidents because of the unpredictable forces involved.
Plus, adrenaline and cold weather can mask injury symptoms. You might not realize you’re hurt until hours or days later. Having immediate medical documentation is important for both your health and any potential legal case.
Contact Your Insurance Company
You need to report the accident to your insurance company promptly, but be careful about what you say. Stick to the basic facts and don’t speculate about fault or make statements like “I couldn’t see anything” or “there was nothing I could do.”
Insurance companies will use your own statements against you later, so it’s better to provide basic information and let the investigation determine what happened. If you’re not sure what to say, it’s okay to tell them you need time to gather your thoughts and will provide a detailed statement later.
Different Types of Weather Conditions and Legal Implications
Not all weather-related accidents are created equal from a legal standpoint. Different weather conditions create different challenges and legal considerations. Let me break down the most common scenarios we see here in Colorado Springs.
Snow and Ice Accidents
Snow and ice accidents are probably the most common weather-related cases we handle. The legal analysis usually focuses on whether drivers adjusted their behavior appropriately for the conditions.
Fresh snow: When snow is actively falling, courts generally expect drivers to reduce speed, increase following distance, and use extra caution. However, if snow starts suddenly during your trip, that can work in your favor legally.
Packed snow and ice: This is where things get tricky. Packed snow and ice conditions often develop gradually, so courts expect drivers to be aware of them and adjust accordingly. If you’re driving on obviously icy roads at normal speeds, you’re probably going to bear some responsibility for any accident.
Black ice: This is the trickiest scenario because black ice is often invisible until you hit it. Courts are generally more sympathetic to drivers who encounter unexpected black ice, especially if it’s in an unusual location or at an unusual time.
The key legal question is usually foreseeability. Could a reasonable driver have anticipated the icy conditions? If yes, they should have adjusted their driving. If no, the weather might be more of a mitigating factor.
Hailstorm Accidents
Hailstorm accidents present unique legal challenges because they often involve sudden, dramatic changes in conditions. One minute you’re driving normally, and the next minute you can’t see five feet in front of your car.
The legal analysis often focuses on what the driver did when the hail started. Did they pull over safely? Slow down dramatically? Keep driving at normal speeds? Courts generally expect drivers to take immediate action when hail begins, even if it means pulling over in a less-than-ideal location.
I’ve seen cases where drivers were found liable for continuing to drive at highway speeds during heavy hail, even though visibility was near zero. The argument is that a reasonable driver would have pulled over or at least slowed to a crawl.
However, if hail starts suddenly and you don’t have time to react safely, that’s a different story. The key is showing that you acted reasonably given the rapidly changing conditions.
Wind-Related Accidents
Wind-related accidents often involve questions about vehicle choice and route planning. If the National Weather Service has issued high wind warnings, courts might ask why you were driving a high-profile vehicle or taking an exposed route.
But wind can also be unpredictable and sudden. Those chinook winds we get here can go from calm to 60+ mph in minutes. If you can show that wind conditions changed suddenly and unexpectedly, that supports your case.
The legal analysis often focuses on whether the wind was reasonably foreseeable and whether you took appropriate precautions. Driving an RV through Monument during a high wind warning? That might be considered unreasonable. Getting hit by a sudden gust while driving a normal car on a normal day? That’s more defensible.
Rain and Flooding
Rain-related accidents usually involve questions about speed and following distance. Courts expect drivers to slow down and increase following distance when roads are wet, even if it’s just light rain.
Flooding cases are often more clear-cut. If you drive into standing water and get into an accident, you’re probably going to bear significant responsibility. The “Turn Around, Don’t Drown” campaign exists for a reason, and courts generally don’t have sympathy for drivers who ignore flood warnings.
However, if flooding develops suddenly or isn’t clearly marked, that can change the analysis. Flash floods can create dangerous conditions faster than drivers can reasonably react to them.
Specific Colorado Springs Road Hazards
Living and working in Colorado Springs for years, I’ve seen certain roads and areas that are just accident magnets during bad weather. If you’re driving around here, you should know about these trouble spots.
Interstate 25 Through the Springs
I-25 is basically a wind tunnel through Colorado Springs, and when weather hits, it can get nasty fast. The stretch between the Cimarron and North Academy exits is especially dangerous during snow and wind storms.
The problem is that I-25 sits in a natural corridor that channels wind, and the elevation changes create microclimates. You can be driving in clear conditions and suddenly hit a wall of snow or ice. Plus, it’s a major trucking route, so you’ve got semis getting pushed around by crosswinds.
From a legal standpoint, accidents on I-25 during weather events often involve questions about speed and lane choice. Courts expect drivers to know that this stretch can be dangerous and to adjust accordingly.
Powers Boulevard
Powers Boulevard is another trouble spot, especially during hailstorms and flash floods. It’s a long, straight road that encourages higher speeds, but it also crosses several drainage areas that can flood quickly.
The intersections along Powers are particularly dangerous during weather events because of the elevation changes and drainage patterns. I’ve handled several cases involving accidents at Powers and Research Parkway during storms.
Highway 24 West
Highway 24 heading up toward Woodland Park and the mountains is treacherous during winter weather. The elevation gain is significant, and conditions can change dramatically in just a few miles.
The legal issue here is often whether drivers were prepared for mountain driving conditions. If you’re heading up 24 without proper tires, chains, or experience, and you cause an accident, courts aren’t going to be very sympathetic.
Garden of the Gods Road
This scenic route becomes a nightmare during ice storms because of all the elevation changes and curves. The combination of hills, turns, and tourist traffic creates a perfect storm for weather-related accidents.
I’ve seen cases where out-of-state visitors got into accidents on Garden of the Gods Road because they weren’t familiar with how quickly conditions can change. Local knowledge matters from a legal standpoint – if you know a road is dangerous in certain weather, you’re expected to act accordingly.
Downtown Area
The downtown Colorado Springs area has its own weather-related challenges. The streets are older, drainage isn’t always great, and you’ve got a mix of local and tourist traffic that doesn’t always know how to handle conditions.
Tejon Street and Nevada Avenue can become particularly slick during snow and ice events because they don’t always get the same attention as the major highways. Plus, the stop-and-go traffic downtown means lots of opportunities for rear-end accidents when roads are slippery.
The Role of Vehicle Maintenance in Weather-Related Accidents
Here’s something that might surprise you – vehicle maintenance plays a huge role in weather-related accident liability. I’ve seen cases where someone thought they had a clear-cut “weather caused it” situation, only to find out they were held responsible because their vehicle wasn’t properly maintained.
Tire Condition and Liability
Tires are probably the most important factor in weather-related accidents, and courts take tire condition very seriously. If you’re driving on bald tires, worn tires, or inappropriate tires for conditions, you’re setting yourself up for liability.
Colorado doesn’t have a specific tire tread depth requirement, but courts use the “reasonable driver” standard. Would a reasonable driver be driving on tires with 2/32″ of tread left during a snowstorm? Probably not.
I had a case where my client was rear-ended during a snow storm, but the other driver’s insurance company argued that my client was partially at fault because their tires were worn. Even though my client was the one who got hit, we had to fight the tire condition issue.
The lesson? Check your tires regularly, especially before winter weather hits. It’s not just about safety – it’s about protecting yourself legally.
Brake Maintenance
Brake condition is another big factor in weather-related accident liability. If your brakes are worn, you need more distance to stop in good conditions, and even more in bad weather.
Courts expect drivers to maintain their brakes in good working order. If you cause an accident because your brakes were worn out, the weather won’t protect you from liability. In fact, it might make things worse because courts expect you to be extra careful with maintenance if you’re going to drive in challenging conditions.
Windshield Wipers and Visibility
This might seem minor, but windshield wiper condition can be a liability factor in weather-related accidents. If your wipers are streaking, chattering, or not clearing water effectively, you’re reducing your visibility and increasing your accident risk.
I’ve seen cases where drivers got into accidents during rainstorms partially because their wipers weren’t working properly. Courts don’t have much sympathy for drivers who choose to drive with poor visibility equipment.
Lights and Electrical Systems
Headlights, taillights, and turn signals become even more important during weather events. If your lights aren’t working properly and you get into an accident during a storm, that can be a significant liability factor.
Colorado law requires headlights during precipitation, and courts expect all your lights to be functioning properly. A burned-out taillight might not seem like a big deal on a sunny day, but during a snowstorm, it could contribute to a rear-end accident.
Four-Wheel Drive Misconceptions
Here’s a big one that trips up a lot of people – having four-wheel drive doesn’t protect you from liability. In fact, it might increase your responsibility because courts expect drivers with better equipment to use it appropriately.
Four-wheel drive helps you go, but it doesn’t help you stop or turn. I’ve seen plenty of accidents where someone in a 4WD vehicle thought they could drive normally in snow and ice, only to slide into someone else.
If you have four-wheel drive, all-wheel drive, or other advanced traction systems, courts might expect you to be more cautious, not less. The better your equipment, the higher the standard you might be held to.
Insurance Coverage Considerations
Weather-related accidents can involve different types of insurance coverage, and understanding what’s covered (and what’s not) can save you a lot of headaches down the road.
Comprehensive vs. Collision Coverage
This is where things get confusing for a lot of people. Comprehensive coverage typically handles weather damage to your vehicle – things like hail damage, flood damage, or a tree falling on your car during a windstorm.
Collision coverage handles damage from actually hitting something – another car, a guardrail, a tree you slid into because of ice. If you slide on ice and hit another car, that’s usually collision coverage, not comprehensive.
The distinction matters because these coverages often have different deductibles and limits. Plus, some people have comprehensive coverage but not collision, or vice versa.
Uninsured/Underinsured Motorist Coverage
This coverage can be crucial in weather-related accidents because these accidents often involve multiple vehicles and complex liability situations. If the other driver doesn’t have enough insurance to cover your damages, your UM/UIM coverage can make up the difference.
In weather-related accidents, you might find that fault is shared among multiple drivers, but some of them don’t have adequate insurance. Your UM/UIM coverage can protect you in these situations.
Medical Payments Coverage
Weather-related accidents can cause unexpected injuries because of the forces involved. Medical payments coverage (or PIP in some states) can help cover your medical expenses regardless of fault, which can be valuable while liability is being sorted out.
This coverage is especially important in weather-related cases because fault determination can take longer, and you don’t want to wait months for your medical bills to be paid.
Rental Car Coverage
Weather-related accidents often result in longer repair times because of the complexity of the damage and the number of vehicles involved. If a hailstorm damages hundreds of cars, body shops get backed up quickly.
Rental car coverage can be a lifesaver in these situations. Make sure you understand your limits – some policies only cover $30/day, which might not get you much of a rental car.
Gap Coverage
If you’re financing or leasing your vehicle, gap coverage can be important in weather-related accidents. These accidents sometimes result in total losses, especially in flood situations, and you don’t want to be stuck owing money on a car that’s been totaled.
When to Call a Lawyer
Not every weather-related accident requires a lawyer, but some situations definitely call for professional help. Here’s when you should seriously consider getting legal representation.
Serious Injuries
If anyone was seriously injured in the accident, you need a lawyer. Weather-related accidents can cause significant injuries because of the unpredictable forces involved, and insurance companies will try to minimize payouts.
Serious injuries in weather-related cases can be complicated because insurance companies will argue that the weather, not their insured, caused the accident. You need someone who understands how to handle these arguments and can build a strong case for compensation.
Multiple Vehicles Involved
Weather-related accidents often involve multiple vehicles, which makes liability determination much more complex. When you’ve got three, four, or more vehicles involved, figuring out who’s responsible for what becomes a puzzle that requires legal expertise.
Each driver’s insurance company will try to shift blame to the others, and you can get caught in the middle. Having a lawyer ensures that your interests are protected while the insurance companies fight it out.
Disputed Liability
If the other driver’s insurance company is arguing that the weather caused the accident and nobody’s at fault, you need legal help. These “act of God” arguments are often wrong under Colorado law, but you need someone who knows how to fight them.
Insurance companies count on people not understanding the law around weather-related accidents. They’ll make arguments that sound reasonable but are actually legally incorrect.
Insurance Company Bad Faith
If your own insurance company is giving you the runaround on a weather-related claim, that might be bad faith. Insurance companies sometimes use weather as an excuse to deny legitimate claims or delay payments.
Bad faith cases require specific legal procedures and deadlines, so you need experienced help. At McCormick & Murphy, we’ve handled plenty of bad faith cases involving weather-related claims.
Government Liability Issues
If you think government negligence contributed to your accident – things like failure to maintain roads, inadequate warning signs, or poor road design – you need a lawyer immediately. Government liability cases have special procedures and very short deadlines.
Suing government entities is completely different from suing other drivers, and you can’t afford to make mistakes with the procedures or deadlines.
Significant Property Damage
Weather-related accidents can cause extensive property damage, especially in multi-vehicle accidents or when vehicles slide into buildings, signs, or other property. If you’re facing significant property damage claims, you need legal protection.
Sometimes property owners will try to claim that your vehicle caused damage that was actually caused by the weather event itself. You need someone who can sort out what damage you’re actually responsible for.
Working with McCormick & Murphy on Weather-Related Cases
At McCormick & Murphy, we’ve been handling weather-related accident cases for over 25 years. We understand the unique challenges these cases present and know how to build strong arguments for our clients.
Our Approach to Weather-Related Cases
We start every weather-related case by thoroughly investigating the conditions at the time of the accident. This means getting detailed weather data, interviewing witnesses, and often working with meteorologists and accident reconstruction experts.
We don’t let insurance companies get away with simple “act of God” arguments. We dig into the facts and build cases based on what actually happened, not on convenient excuses about the weather.
Evidence Collection and Preservation
Time is critical in weather-related cases because evidence can disappear quickly. Weather conditions change, physical evidence gets cleaned up, and witnesses’ memories fade. We move fast to preserve crucial evidence.
We have relationships with experts who can provide detailed weather data and analysis. We also know how to obtain and preserve electronic evidence from vehicles, traffic cameras, and other sources.
Dealing with Insurance Companies
Insurance companies handle weather-related claims differently, and we know their playbook. We don’t let them use weather as an excuse to deny legitimate claims or reduce fair compensation.
We also understand how to handle cases involving multiple insurance companies, which is common in weather-related accidents. When you’ve got several insurance companies all trying to shift blame to each other, you need someone who can cut through the noise and focus on getting you compensated.
No Fee Unless We Win
Like most of our personal injury cases, we handle weather-related accident cases on a contingency fee basis. That means you don’t pay attorney fees unless we recover money for you. If we don’t win, you don’t pay our fees.
This is especially important in weather-related cases because they can be complex and expensive to pursue. You shouldn’t have to worry about paying legal fees while you’re dealing with injuries and property damage.
Prevention Tips for Colorado Springs Drivers
While we’re always here to help if you need us, the best weather-related accident is the one that doesn’t happen. Here are some practical tips for staying safe on Colorado Springs roads during weather events.
Know Your Routes
Familiarize yourself with alternate routes around town, especially during winter months. If I-25 is getting hammered by wind and snow, maybe take surface streets. If Powers Boulevard is flooding, know how to get around it.
Local knowledge matters. Some roads are just more dangerous than others during certain weather conditions, and knowing which ones to avoid can keep you out of trouble.
Check Weather and Road Conditions
Before you leave, check current weather conditions and forecasts. The Colorado Department of Transportation has great resources for checking road conditions, including cameras on major routes.
Don’t just check the weather where you are – check conditions where you’re going. Weather can be completely different just a few miles away, especially with our elevation changes.
Vehicle Preparation
Keep your vehicle in good condition year-round, but especially before winter weather hits. This means:
- Good tires with adequate tread
- Working brakes
- Functioning lights and wipers
- Proper fluid levels
- Emergency kit with blanket, water, and basic supplies
Adjust Your Driving
When weather conditions are poor, adjust everything about your driving:
- Slow down significantly
- Increase following distance
- Avoid sudden movements
- Use gentle inputs on steering, brakes, and accelerator
- Turn on headlights
- Pull over if conditions become too dangerous
Know When Not to Drive
Sometimes the best decision is not to drive at all. If conditions are truly dangerous, it’s better to stay home, leave work early, or wait for conditions to improve.
Your job, appointment, or errand isn’t worth risking your safety or someone else’s. Most weather events in Colorado Springs are relatively short-lived, so waiting a few hours can make a big difference.
What Makes Colorado Springs Weather-Related Cases Unique
Having handled these cases for years specifically in the Colorado Springs area, I’ve noticed some unique factors that don’t apply everywhere.
Military Population
Colorado Springs has a large military population, and that creates some unique situations in weather-related accidents. Military personnel often come from different climates and may not be familiar with driving in Colorado weather conditions.
From a legal standpoint, this can cut both ways. Sometimes out-of-state drivers get more sympathy from courts because they genuinely didn’t know what to expect. Other times, courts expect all drivers to adjust to local conditions regardless of their background.
Tourism Traffic
We get a lot of tourists heading to Pikes Peak, Garden of the Gods, and other attractions. Tourist drivers often don’t understand how quickly weather can change here, and they’re driving in unfamiliar areas.
Tourist-involved weather accidents can be complicated because the drivers might not have local insurance representation, and they often don’t understand Colorado traffic laws.
Elevation Changes
The dramatic elevation changes around Colorado Springs create unique weather patterns that can catch drivers off guard. You can literally drive from one climate zone to another in a matter of minutes.
Courts generally expect drivers to understand that elevation changes mean weather changes, but sudden shifts can still be considered unforeseeable, especially for drivers unfamiliar with the area.
Outdoor Recreation Traffic
Colorado Springs attracts a lot of outdoor recreation traffic – people heading to ski areas, hiking trails, camping spots, etc. These drivers are often in a hurry to get to their activities and may not adjust appropriately for weather conditions.
Recreation-related weather accidents often involve questions about route choice and timing. If you’re heading up to a ski area during a blizzard, courts might ask whether that was a reasonable decision.
Recent Changes in Colorado Law
Colorado law around weather-related accidents continues to evolve, and there have been some recent changes that affect these cases.
Distracted Driving Laws
Colorado’s hands-free driving law affects weather-related accidents because using a phone during a weather event can be especially dangerous. If you’re texting during a snowstorm and cause an accident, that’s going to significantly increase your liability.
The law makes it easier to prove that distracted driving contributed to weather-related accidents, which can be important for establishing fault.
Road Rage and Aggressive Driving
Colorado has strengthened its laws around aggressive driving, and this can apply to weather-related situations. If someone is driving aggressively during a weather event – tailgating, speeding, weaving – and causes an accident, the penalties can be more severe.
Insurance Requirements
Colorado has updated its minimum insurance requirements, but they’re still pretty low. In weather-related accidents that often involve multiple vehicles and significant damages, minimum coverage often isn’t enough.
This makes uninsured/underinsured motorist coverage even more important in weather-related cases.
Getting the Help You Need
Weather-related car accidents in Colorado Springs are complex, stressful situations that can have long-lasting consequences. Between dealing with injuries, vehicle damage, insurance companies, and legal issues, it’s easy to feel overwhelmed.
The most important thing to remember is that weather being involved doesn’t automatically mean nobody’s responsible. Colorado law still expects drivers to behave reasonably for conditions, and insurance companies can’t just wave their hands and say “act of God” to avoid paying legitimate claims.
If you’ve been in a weather-related accident, don’t try to handle everything yourself. Insurance companies have teams of adjusters and lawyers working to minimize what they pay out. You deserve to have someone on your side who understands these cases and will fight for your rights.
At McCormick & Murphy, we’ve been helping Colorado Springs residents with weather-related accident cases since 1995. We understand the unique challenges these cases present, and we know how to build strong arguments for our clients. We work on a contingency fee basis, so you don’t pay unless we win.
Whether you’re dealing with a simple fender-bender that happened during a snowstorm or a complex multi-vehicle accident during a hailstorm, we’re here to help. We’ll investigate your case thoroughly, deal with the insurance companies, and fight to get you the compensation you deserve.
Don’t let insurance companies use Colorado’s unpredictable weather as an excuse to deny your legitimate claim. If you’ve been hurt in a weather-related accident, give us a call at (719) 800-9407. We offer free consultations, and we’re located right here in Colorado Springs at 929 W Colorado Ave, so we understand the local conditions and legal landscape.
Weather-related accidents are complicated, but you don’t have to face the aftermath alone. Let us handle the legal stuff while you focus on getting better and getting your life back on track. After all, we’ve been through enough Colorado Springs weather to know that sometimes you need help weathering the storm.
