Hydroplaning is a serious danger posed to Kentucky drivers during rainy and inclement weather.
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. Additionally, the accumulation of water on the road can cause a vehicle to lose sufficient traction. This can cause drivers to lose control of their vehicles’ braking and steering, making the cars hazardous to other drivers.
Tragically, hydroplane accident statistics indicate that these wrecks are not uncommon and can lead to serious or fatal injuries. Almost one million accidents occur each year due to wet roads in the United States, resulting in 384,000 injuries and 4,700 deaths.
If you’ve been in an accident involving a hydroplaning vehicle, you may wonder who is liable, especially because a driver may hydroplane while following all traffic laws. In this blog, you’ll learn the answer to the question, “Is hydroplaning an at fault accident?” and who could be liable.
Is Hydroplaning an At Fault Accident?
Hydroplane wrecks are considered at fault accidents, and the liable party will depend on the circumstances of the wreck in question. Unfortunately, one of the drivers involved in the wreck will likely be considered responsible even if they technically followed traffic laws at the time of the incident.
Drivers owe a duty of care to others on the road to adjust their driving speed and maneuvers to accommodate weather and road conditions. If you hydroplane into a car stopped at a stop light, you will likely be considered at fault. It was your responsibility to adjust your driving to meet the road’s hazardous conditions, and even if you technically didn’t break a traffic law, you will likely be liable.
This is especially the case with drivers who fail to adjust their speed in the rain or don’t have proper treads on their tires. When a car’s treads are worn, it’s far more likely to lose sufficient traction with the road and hydroplane. It’s the car owner’s responsibility to ensure the safety of their vehicle. And if the car’s insufficient tires result in the accident, they would likely be considered liable because of their negligent maintenance.
Although the driver who hydroplanes into another vehicle will often be at fault, this isn’t always the case. For example, if a car suddenly stops illegally on the road and the driver behind them doesn’t have enough time to stop, the rear-ended driver could be considered partially or wholly liable.
Kentucky’s Pure Comparative Negligence
Kentucky is a pure comparative negligence state, and this means that multiple drivers can be considered at fault for the same wreck, and a driver’s degree of liability impacts the amount they can recover in compensation.
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. The other driver could be considered 80% liable for the dangerous maneuver while you’re 20% liable for failing to stop. This percentage will then directly impact the amount of compensation you can recover. In this case, the total amount that you’d be able to receive would be reduced by 20%.
Third-Party Liability in Hydroplane Accidents
Although drivers are usually responsible for hydroplane car accidents, a third-party could be partially or wholly liable. Other responsible parties could include:
- A Car Owner Not Involved in the Wreck: If a vehicle isn’t properly maintained and causes an accident, the vehicle owner could be liable even if they weren’t personally involved in the wreck.
- Tire Manufacturers: In the event that a tire manufacturer sells a tire with insufficient treads or another deficiency that contributes to the accident, they could be partially or wholly liable.
- Road Contractors: When private contractors responsible for the construction or maintenance of a road create or fail to fix unsafe road conditions, they could be partially or wholly liable if the road contributes to an accident.
- State of Kentucky or Municipal Governments: If a public road is improperly maintained causing an accident, the local or state government agency responsible could be partially or wholly liable.
Does Insurance Cover Hydroplaning Accidents?
Whether or not your insurance will cover your hydroplaning accident will depend on the accident and your policy. If the other driver is found at fault for the hydroplane accident, their liability coverage — which is required in Kentucky — should cover your damages.
That said, car insurance companies will do everything in their power to try to reduce your compensation. They may try to make the case that you were partially responsible, or they may argue that your damages aren’t as severe as you claim.
Contact a Kentucky Hydroplane Car Accident Attorney
If you were injured in a hydroplane car accident, you need to enlist the services of qualified car accident lawyers to help you with your case. These legal professionals can assist you by proving that the other driver or a third party was at fault for the wreck and that you sustained damages as a direct result. Seasoned lawyers can also help you recover the most compensation possible for your vehicle damages and personal injuries.
For hydroplane car accident legal support in Central Kentucky, contact the car accident lawyers at McCoy & Sparks Attorneys at Law. Call us today at 844-459-9467, or you can request a free case consultation here.