Personal injury cases usually occur between men. What happens if Mother Nature becomes a factor in a personal injury case?
In general, personal injury is caused by one person’s wrongful act or negligence (e.g. car accident, medical malpractice, libel). Now, what if slippery roads caused by non-stop raining made one car skid and slam into the rear of another car? Can Mother Nature be held liable for making the first car skid out of control due to torrential rains, and can this be used by the first car’s driver as an excuse for not being liable for the accident?
Personal injury cases involving acts of God—the term for damage caused by storms and other natural occurrences—carry little to no chance of going in the victim’s favor. Arguably, the only time when acts of God carry sufficient legal recourse is when it aggravates the damage resulting from a wrongful act or negligence. In the example above, however, the motorist who rear-ended a car is still liable.
To be able to strengthen his case, the plaintiff—the driver of the second car—must prove that the motorist at fault could have done something under rainy conditions to prevent the accident. As far as Driving 101 is concerned, driving under severe weather conditions warrants the need to be more careful, such as cutting your usual speed. In most cases, drivers have the option not to take the car out in bad weather.