• Firm Overview
    • Blog
    • Community Engagement
    • Counties We Serve
  • Attorneys
    • Christopher L. Rhoads
    • Jerry P. Rhoads
    • Katherine H. Reardon
    • Samuel Kyle Lamar
    • Bradley P. Rhoads
    • Thomas M. Rhoads
    • Mary Lisa Prendergast
    • Nathan Lee Bishop
    • Ben Byers
  • Practice Areas
    • Car Accidents
    • Catastrophic Injuries
    • Truck Accidents
    • Tractor Trailer Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Neck Injuries
    • Dog Bite Injuries
    • Brain Injuries
    • Wrongful Death
    • Social Security Disability
    • Slip-and-Fall Accidents
    • Premises Liability
    • Workers Compensation
    • Product Liability
    • Nursing Home Abuse
    • Industrial Injuries
    • Drug and Medicine Injuries
  • Results
  • Testimonials
  • Contact Us
Free Case Evaluation
24 Hours a Day
Click to Call:
888-709-9329

Honest. Caring. Aggressive.

Contact us todaySchedule a free case review now
Home / Blog / Who’s at Fault in a Car Hydroplane Accident?

Who’s at Fault in a Car Hydroplane Accident?

Key points of this article:

  • Hydroplaning accidents can occur suddenly when a vehicle’s tires lose contact with the wet road surface, leading to a loss of control and serious crashes.
  • Determining fault is complicated with hydroplaning but driver negligence for speeding, distraction, or disregard of conditions is often the primary cause.
  • If you were partially at fault, comparative negligence rules in Kentucky mean your compensation can be reduced based on your percentage of fault, which a strong attorney case can minimize.

If you have recently been through a hydroplaning accident, you know how scary it can be. 

Hydroplaning can happen in an instant, especially when road conditions are wet. Hydroplaning occurs when a vehicle’s tires lose contact with the road surface and ride on a thin film of water between the tire and the road. This loss of traction and control leads to spinouts, collisions, and serious injuries. 

Whenever a hydroplaning incident occurs, injured parties and their insurance companies have plenty of questions about who was at fault – and whether negligence played a role. 

Determining fault after any accident is complicated, but it is even more so when you are dealing with forces of physics like hydroplaning. Similar to sliding on ice, determining fault is often challenging. An insurance company may try to deny your claim, especially if they argue that the hydroplaning event was a “no-fault” accident. 

The compassionate and knowledgeable car accident attorneys at Rhoads & Rhoads have plenty of experience dealing with all kinds of accidents, including those in which one or more vehicles hydroplaned. Let’s break down everything you need to know about fault, liability, and compensation after a hydroplaning crash. 

car accidents in rainy weather

What Causes Hydroplaning?

Several factors contribute to hydroplaning, in addition to rainy weather. These factors include: 

  • Driving too fast for the road conditions
  • Failing to pay attention to water on the road
  • Worn or faulty tires
  • Standing water on roads that is difficult to see
  • Taking quick turns while hydroplaning 

Is Hydroplaning an At-Fault Accident?

liability in hydroplane accidentAlthough hydroplaning can occur without the driver behaving negligently, driver negligence is often the primary cause of a hydroplaning crash. 

In Kentucky, drivers are legally required to drive appropriately for the conditions. If road conditions are affected by weather, such as rain, snow, freezing temperatures, or wind, the driver has a duty of care to adjust their driving accordingly. 

A driver who is speeding, distracted, or willingly disregarding road conditions may be liable for an accident that occurs when their car hydroplanes and strikes another vehicle or pedestrian. 

Other Potential At-Fault Parties 

In addition to the driver bearing responsibility, other parties may also be responsible. 

Some examples of additional responsible entities include: 

  • A city or state that fails to maintain the roads appropriately or place appropriate signage when there is a known risk
  • A tire shop or maintenance shop that didn’t inform a driver of faulty tires
  • A manufacturer who released defective tires to the public 

How to Build a Case for Compensation After a Hydroplaning Accident

Here are some tips for building your case for compensation after a hydroplane car accident. 

  1. Retain a car accident attorney to help you fully investigate the root cause of your accident
  2. Collect and save as much evidence as possible (including police reports, photo and video evidence, medical records and bills, eyewitness testimonies, surveillance footage, etc)
  3. Consider that multiple parties may be responsible – not just one! 
  4. Anticipate common insurance company pushbacks, such as trying to blame the weather and therefore the accident as an “act of God”
  5. Expect your attorney to hire expert witnesses who can support your argument for who was at fault

What if you were partially at fault? 

Great question. If you were also partially at fault for the accident, Kentucky will apply what is called comparative negligence. 

The comparative negligence statutes in Kentucky mean that you can be held responsible based on the percentage of your liability. If you were 30% responsible for the accident, your total compensation award or settlement amount will be reduced by 30%. 

Your attorney can make a strong case about who was ultimately responsible, and keep that percentage as low as possible based on the evidence in the case. 

Do you need hydroplane accident insurance?

You do not need a special clause in your insurance coverage that covers hydroplaning. Unlike other forms of insurance that you can add to your main package, such as uninsured and underinsured drivers’ coverage, hydroplaning is covered under other parts of your policy. 

If another driver’s negligence caused the accident, that party’s insurance company should pay out your damages.  

Rhoads & Rhoads – Helping Kentucky’s Accident Victims 

Hydroplaning is a complicated scenario with many potential interpretations for who was at fault, if anyone. 

When you are dealing with the aftermath of a serious car accident, an accomplished and knowledgeable attorney on your side can make all the difference. At Rhoads & Rhoads, our car accident attorneys are here to help you protect your rights and seek maximum compensation for your losses. 

We are proud to have a proven track record of success. Our legal team will: 

  • Conduct an investigation
  • Identify negligent parties
  • Anticipate and respond to the insurance company’s pushback strategies
  • Build a compelling argument
  • Negotiate with the insurance company
  • Take your case to court if necessary

With compassionate guidance through the legal process, we can focus on your legal case while you recover from your injuries! If you or a loved one has been injured in a car accident involving hydroplaning, we’re here to help. Contact our office today at 888-709-9329 for a free consultation to discuss your case. Our team is ready to answer your questions and outline your options at no cost or further obligation to you. 

No fee until we win.

Contact an Attorney Today

    Reviews

    “I think with Chris, when I first met him, and with everyone I’ve met in this office, they have a genuine interest in you. And they care about you. It’s not about making money. They want to listen to you and they want to understand and hear your story and try to help meet your needs the best that they can.”
    – Amy, Car Accident & Social Security Disability
    All Client Reviews

    Owensboro Office
    115 East Second Street, Suite 100
    PO Box 2023
    Owensboro KY 42302
    Toll Free: 270-238-1209
    Get Directions
    Madisonville Office
    9 East Center Street
    Madisonville, KY 42431
    Toll Free: 270-238-1239
    Get Directions

    Recent Posts

    • Comprehensive Guide to Pain and Suffering Laws
    • What to Look for in a Social Security Disability Attorney
    • Is it Illegal to Drive with Headphones in Kentucky?
    • Understanding Car Accident Neck and Back Pain: A Guide
    • Who is at Fault in a Lane-Changing Accident?
    • Is It Better to Get an Attorney for Disability?
    • Understanding Internal Injuries After a Car Accident

    Follow Us

    We've Got Your Back.
    Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

    Copyright 2021 Rhoads & Rhoads | All Rights Reserved | Privacy Policy