Who Is Liable in a Hydroplaning Car Accident?
October 7, 2024- Categories: Vehicle Accidents
In many cases, the driver of the car that is hydroplaning will be held liable for causing a car accident if the vehicle collides with another car, truck, or stationary object. However, the driver may not be the only responsible party, depending on the facts at hand. In some cases, potholes that haven’t been repaired by local authorities or defective car brakes could contribute to hydroplaning accidents, in which case, a government agency or vehicle manufacturer could share fault in causing the crash.
If you or a loved one has been injured in a hydroplaning car accident, you could be entitled to financial compensation. Injuries such as broken bones, TBI, and other wounds can arise from vehicle crashes, and these can result in weeks or months of medical care and rehabilitation. Time off work and mounting medical bills can place an extreme burden on injured victims and their families. The skilled and experienced car accident lawyers at Neale & Fhima fight hard for every client to get the maximum payout possible in each case.
Neale & Fhima has a 99% success rate in handling personal injury claims. Get a winning team on your side and let us fight for the compensation you deserve. Call us at 888-407-2955 for a free consultation about your case.
What Is Hydroplaning?
Hydroplaning happens when a driver loses control of their vehicle, and it begins to slip and slide over the surface of a wet road. The danger of hydroplaning increases during or immediately after rainfall, flooding, or other events of water run-off that leave pavement wet. Also known as aquaplaning, this critical situation happens when the asphalt is so wet that a car’s tires cannot displace the water fast enough to grip the underlying road surface. This means the tires are “gliding” on a thin layer of water above the surface of the road. When tires lose their traction and contact with the road, it’s very easy for a driver to lose control, slide, spin, and crash into other motorists. Oil spills and other roadway hazards on wet roads make the situation even more dangerous.
How Do You Determine Who Is Liable in a Hydroplaning Car Accident?
Your lawyer will look closely at the evidence, police report, witness statements, and other data to determine who is liable for the hydroplaning accident in which you were injured. Potential defendants in a case could include:
The Other Driver
If the other driver was speeding, driving under the influence, tailgating, or otherwise violating the rules of the road when they lost control of their vehicle due to hydroplaning, then they can be held liable for the crash. Also, if the other driver failed to maintain their car properly – allowing their tires to become under-inflated or the engine to leak oil – these factors could also have contributed to the hydroplaning.
A Government Agency
City, county, state, or federal government agencies can also bear liability for hydroplaning accidents if they failed in their duty to maintain safe and efficient roads. Sometimes cars hydroplane when they swerve or slam on their brakes to avoid road debris, potholes, twisted guardrails, toppled orange traffic cones, or other roadway clutter.
Auto Manufacturer
If a hydroplaning accident was caused by a manufacturing defect in a car, particularly one that is under an active recall, then the automaker can also bear liability for a crash. Defective brakes, faulty steering, failing tire pressure indicators, and other design and manufacturing flaws could contribute to these accidents.
A Third-Party Entity
In some cases, there is a third-party entity that can also be held liable — such as a corporation, cargo company, delivery service, or other entity — that owns the hydroplaning vehicle and employed the negligent driver.
NEGLIGENCE MUST BE PROVED BY YOUR LAWYER
To prove negligence in a car accident case, you lawyer must show that four elements were present and the guilty party failed to take reasonable care to prevent or avoid the accident. These 4 elements include:
- Duty – The other party had a duty of care to follow traffic rules and ensure the safety of other motorists.
- Breach – The other party breached that duty of care by behaving recklessly and disregarding the safety of others on the road.
- Causation – The other party’s carelessness caused you to sustain injuries and/or other harm.
- Damages – Your injuries resulted in economic and non-economic damages that can be measured and compensated for financially.
A highly skilled lawyer knows how to prove these four elements of negligence in a hydroplaning car accident and build a strong legal case on your behalf.
What Kinds of Injuries Are Common in a Hydroplaning Crash?
Multiple injuries can occur during a hydroplaning car accident. Some are common to all car accidents, while others are unique to a water-related catastrophic event. Injuries can include:
- Brain injuries
- Neck, spine, and back injuries
- Internal bleeding and organ damage
- Cuts and lacerations
- Burn injuries
- Paralysis
- Drowning
- Wrongful Death.
Your attorney can explain how injuries are assessed when assigning a monetary amount for damages.
While you recover from your accident injuries, let Neale & Fhima handle the legal heavy lifting. We’ll focus on the lawsuit while you focus on getting better.
Neale & Fhima Will Fight for Your Compensation
Whether your injury was caused by a hydroplaning car accident or another event, the personal injury lawyers at Neale & Fhima will fight aggressively to get the compensation you deserve. Attorney Aaron Fhima is among the best and the brightest, and he is backed by an outstanding legal team. Our clients are more than a number on a case file — they are like family to us. We care about their questions, their concerns, and their future. At Neale & Fhima, our attorneys have an impressive record of recovering more than $50 million in rightful compensation for personal injury victims throughout Southern California. Call us for a free consultation about your case at 888-407-2955.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
