Over the years, the Pacific Coast Highway has dazzled thousands of persons thanks to its spectacular ocean views. However, there is an important driving hazard that is not always considered: heavy fog in certain times of the year.
If a car crash happens, there is a common legal misconception that the weather is an excuse for an accident. However, in the eyes of the law, weather is rarely the cause of a crash, and responsibility lies in a driver’s failure to adapt to that weather.
The posted speed limit may not be relevant
Under California law, the posted speed limit is not relevant if the marine layer has reduced visibility to a few feet. Drivers have an absolute duty to slow down to a “prudent” speed whenever they encounter adverse weather conditions, and even then, they have to drive with caution. For example, if a driver travels 5 mph below the speed limit but still crashes with another motorist, they are likely negligent for failing to adjust their speed.
Proving negligence
An experienced lawyer needs more than just a statement if they want to prove fault on the other driver. These are some useful elements to consider:
- Digital evidence: Data from vehicle sensors (black boxes) to prove a driver failed to brake or slow down.
- Meteorological reconstruction: Using historical weather data to prove that fog was a foreseeable problem.
- Lighting analysis: Confirming if the person who was at fault increased the risk by using high beams, which reflect off fog and make visibility worse, or by not using any lights at all.
Insurance companies often try to label fog accidents as unavoidable, but in some situations this is not the case. If you have been injured by a low-visibility crash on the PCH, consult a specialized lawyer to consider your options.