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Can Bad Weather Affect Car Accident Liability in New Jersey?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 27, 2026

Read Time: 3 mins

People who drive too recklessly in adverse conditions are more likely to be found liable for an accident. Further, under New Jersey’s comparative negligence laws, a driver who is deemed to be more than 50% at fault for causing an accident will not be able to recover damages from another party.

If you have had a car accident in bad weather, you can better demonstrate that you were not at fault when you retain a skillful car accident lawyer. They have the knowledge and experience in representing victims in car accident lawsuits. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., we have represented New Jersey victims for more than 45 years. Our legal team can show the extent of care exercised by our clients in bad weather. More importantly, we can demonstrate how liability for the accident should fall primarily on the other driver.

Maintain your vehicle and adjust your driving habits to accommodate bad weather

Drivers can take a few simple steps to reduce their liability in a car accident during bad weather:

Make sure that tires are at their recommended air pressure and brakes are in good working order
Maintain familiarity with how to use anti-lock brakes and other vehicle safety systems
Remove ice and snow from all windows and exterior surfaces before heading out on the road
Keep headlamps on at all times to improve visibility
Reduce speeds and drive below the posted speed limits in wet or icy conditions
Increase the distance between vehicles to allow for longer and slower stops
Allow extra time for trips to reduce the temptation to drive too fast
Regardless of weather conditions, avoid driving after any use of alcohol or other intoxicants

Hire an attorney who understands how bad weather affects car accident risk

When you are trying to recover damages from an insurance company after a car accident in New Jersey, the insurer might claim that your lack of care while driving in bad weather contributed to the accident. If, for example, you suffered $100,000 in damages, but the insurer considers you to be 40% at fault because you were driving too fast for prevailing weather conditions, they might offer only $60,000. A car accident attorney who understands how insurers assess collisions will know how to challenge their conclusions and argue for a more significant recovery.

If you and your legal team cannot settle the matter with an insurer and your case goes to trial, your relative liability in a bad weather will be determined by a jury. In this event, your attorney should have the skills and ability to use the facts about the accident to demonstrate to the jury how you altered your driving habits to accommodate the bad weather.

Call the New Jersey Personal Injury Lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. After Your Bad Weather Car Accident

We know how weather conditions can change rapidly in the Garden State and increase the risks that drivers are exposed to on the highways. Please see our website or call us to speak with one of our auto accident attorneys after you have suffered injuries in a collision that occurred during bad weather. If you retain our services and we accept your case, we will fight to recover the full amount of damages you are entitled to receive given the facts of your accident.

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Client Reviews

    
 
 
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   LWelsh 
 1 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
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   Kenny Perlow 
 22 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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   Aliza Ali 
 86 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
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   Jana Montero 
 89 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
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   Brandy Miller 
 124 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
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   Mike Greenspan 
 137 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 144 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 147 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Can Bad Weather Affect Car Accident Liability in New Jersey?

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