Insurance companies love to blame the weather. The law doesn't. Every driver in Missouri has a legal duty to adjust their speed and driving behavior for current road conditions — rain, snow, ice, or fog. When they don't, and someone gets hurt, they're responsible.
(573) 499-0200 — free consultationBad weather accidents are some of the most difficult cases to handle without experienced legal help. Insurance adjusters are trained to use the weather as cover — arguing that the crash was an unavoidable act of nature rather than the result of a driver who was going too fast, following too closely, or ignoring hazardous road conditions.
That argument doesn't hold up in Missouri courts. The law is clear: every driver has a duty to exercise reasonable care, and that duty becomes more demanding in dangerous conditions — not less. Hydroplaning, sliding through an intersection on black ice, or rear-ending a car in heavy fog are almost always preventable with proper speed adjustment and attention.
Chris Miller has represented car accident victims across central Missouri since 2012. He knows how to build a weather-accident case that isolates the driver's negligence from the conditions themselves — gathering police reports, dashcam footage, weather records, and expert testimony to show exactly why the crash happened and who was responsible. Call (573) 499-0200 or reach out online for a free consultation.
Weather-related crashes are far more common than most people realize — and the conditions that cause them are entirely foreseeable to any experienced driver. Foreseeable conditions create a legal duty to adjust behavior accordingly.
Sources: Federal Highway Administration Road Weather Program · NHTSA FARS Database
Each type of bad weather creates distinct road hazards and different legal arguments. Our approach to building your case depends on the specific conditions that contributed to the crash.
Wet pavement dramatically increases stopping distances and creates hydroplaning risk. Drivers who maintain highway speeds during heavy rain or follow too closely in wet conditions are driving negligently — regardless of how hard it's raining.
Missouri winters regularly bring snow, sleet, and freezing temperatures. Drivers are responsible for ensuring their vehicle is equipped for winter conditions and for adjusting speed when snow accumulates on roadways across central Missouri.
Black ice is one of the most dangerous road conditions because it's nearly invisible. When a driver slides through a stop sign or intersection due to ice, that doesn't make the crash unpreventable — it means the driver was going too fast for conditions.
Dense fog requires drivers to reduce speed and increase following distance substantially. Rear-end collisions and highway pile-ups in foggy conditions are almost always attributable to drivers who failed to account for severely reduced stopping distances.
Strong winds can cause vehicles — especially larger trucks — to drift lanes or overturn. Drivers who fail to account for crosswinds, particularly on exposed highways like I-70 and Route 63 through central Missouri, may be held liable for resulting accidents.
Missouri flooding can turn rural roads treacherous with little warning. Drivers who attempt to cross flooded roads and cause accidents — or who fail to warn others of hazards — may face civil liability for the injuries they cause.
Winning a weather accident case means separating what the weather did from what the driver chose to do. That requires aggressive evidence gathering from the moment you hire us.
Weather-related car accident claims in Missouri are governed by the same body of personal injury law that applies to all traffic crashes — but they require additional layers of proof. Missouri's comparative fault statute at §537.765 RSMo allows injured victims to recover compensation even when road conditions contributed to the accident, as long as another driver's negligence was also a cause. Under the pure comparative fault rule, damages are reduced by the plaintiff's percentage of fault — but not eliminated. A driver who was speeding on icy Interstate 70 through Columbia, Missouri, cannot use the weather as a complete defense. Missouri's statute of limitations for personal injury claims under §516.120 RSMo gives injured victims five years from the date of the accident to file suit, though evidence should be preserved immediately. Economic damages in bad weather crash cases include medical expenses, future medical care, lost wages, and property damage. Non-economic damages — pain and suffering, emotional distress, and loss of enjoyment of life — are also recoverable.
Missouri requires all drivers to carry minimum liability insurance under §303.025 RSMo, but many still drive without it. If the at-fault driver in your rain or ice accident was uninsured or underinsured, your own uninsured motorist coverage may provide compensation. Reviewing all available insurance policies is one of the first steps Bur Oak Injury Law takes in every weather accident case. Effective evidence in bad weather crashes includes police accident reports documenting road conditions and contributing factors, dashcam and traffic camera footage captured before it overwrites, weather data confirming exact precipitation and visibility at the time of the crash, and analysis from accident reconstruction specialists who can calculate vehicle speed from skid marks and physical damage patterns. Acting quickly after a crash on a wet or icy road in Boone County or anywhere across central Missouri can mean the difference between a strong case and one where critical evidence has been lost. Call (573) 499-0200 or contact Bur Oak Injury Law for a free consultation — there's no fee unless we win.
Bad weather accidents require an attorney who knows how to prove driver negligence. No fee unless we win. Serving central Missouri.