If a driver caused your Arkansas crash, severe weather almost never gets them off the hook. Drivers in this state owe a legal duty to adjust their speed, distance, and behavior to whatever conditions the road throws at them: a tornado warning, windy conditions, or a flooded intersection do not erase that responsibility.
Under Arkansas’s modified comparative fault rule at Ark. Code Ann. § 16-64-122, you can recover damages only if your share of the fault is strictly less than the fault of the other party or parties, meaning if you are found equally at fault (e.g., 50/50), you recover nothing.
The National Weather Service recorded 52 tornadoes that touched down in Arkansas in 2024, a number above the yearly average of 37. Moreover, Memorial Day weekend produced 17 tornadoes in 24 hours. Some acts of nature truly are unpredictable and unavoidable, but many crashes blamed on the weather actually involve driver negligence. If you got seriously hurt in a car wreck and the at-fault driver wants to blame the weather conditions, you do have the legal right to pursue an injury claim, depending on the injuries sustained.
What is Hydroplaning?
Hydroplaning is a frightening event for any driver on local Arkansas roads. According to the Federal Highway Administration, a staggering 75% of weather-related accidents occur on wet pavement, with 47% happening during rainfall. When it comes to hydroplaning incidents, determining liability often hinges on whether the driver adjusted their driving to suit the weather conditions. Key considerations include:
- Speed: Driving too fast increases the risk of losing traction.
- Tire Tread Depth: Worn tires are less effective at channeling water away.
- Following Distance: Maintaining a safe distance is crucial for reaction time.
These factors are especially critical on highways such as I-30 or I-40 near Memphis, where accidents are more prevalent. Understanding and mitigating these risks can help drivers navigate safely in wet conditions.
What Should I Do After a Car Crash?
It is important to act quickly after a crash in bad weather. Prompt action can help you preserve evidence to establish fault. Some important steps to take include the following:
- Call emergency responders and request a written crash report;
- Photograph the scene, weather conditions, and any standing water or debris;
- Get medical attention, even if injuries seem minor at the time;
- Save any National Weather Service alerts on your phone from before the crash;
- Get the names of witnesses and a copy of the other driver’s insurance information; and
- Avoid giving a recorded statement to any insurance carrier before talking to an attorney.
Documentation collected in the days immediately after often becomes the difference between a paid claim and a denied one.
Premises Liability Claims After Storm Damage
Inclement weather accidents and injuries do not only occur on roadways. Arkansas property owners have a legal duty to inspect, maintain, and warn visitors about storm damage on their property. Some conditions owners must inspect or warn visitors about include the following:
- Downed trees,
- Debris,
- Damaged signs,
- Flooded walkways, and
- Fallen wires.
The FHWA reports that more than 5,700 people are killed in wet-pavement crashes nationwide each year, and parking lots see a similar pattern when drainage systems back up. If you slipped on a flooded retail lot, tripped over storm debris an owner had days to clear, or were injured by a sign the wind ripped loose, the property owner may share responsibility under Arkansas premises liability law.
Does the “Act of God” Defense Actually Work?
Most of the time, no. Arkansas courts treat severe weather as a foreseeable risk, especially during months when tornado watches and warnings are issued.
To win on an “Act of God” defense, the at-fault driver has to prove the weather event was so sudden and so extreme that no reasonable precaution could have prevented the crash. Most rain-related, tornado-related, and other weather-related collisions never clear that bar.
Insurance adjusters and courts will often look to the following when evaluating these types of claims:
- Whether the National Weather Service had issued a warning before the crash;
- Whether the driver was traveling above a safe speed for the conditions;
- Whether the driver was following too closely for wet or icy pavement;
- Whether the driver had functioning headlights, wipers, and tires; and
- Whether the driver could have safely pulled off the road.
A driver who keeps cruising at 70 mph on I-40 during a downpour is not protected by the rain.
Government Liability for Washed-Out Roads and Downed Signage
When the public agency responsible for a road, drainage system, or traffic signal fails to act on a known hazard, your claim may extend to a city, county, or state entity.
The Arkansas Tort Claims Act sets shorter notice deadlines and more stringent procedural requirements than in ordinary personal injury cases, so filing promptly is essential.
Common claims include unmaintained drainage culverts, washed-out shoulders on rural highways, and downed traffic signals that cause intersection crashes.
Contact The Law Office of Jason M. Hatfield Today
Insurance carriers love to use weather as a reason to deny or reduce a claim, but Arkansas law puts the burden on them to prove the storm was the actual cause, not the driver.
At the Law Office of Jason M. Hatfield, P.A., we have years of experience in representing accident victims across the state. We gather records to strengthen your case and pursue full recovery for your medical bills, lost wages, and pain and suffering.
If you or someone you know was injured in an accident that involved water on the roadway, windy conditions, or another weather-related occurrence that left serious injuries, learn about your legal options today. You can contact our office today at (479) 361-3575 for a free, confidential consultation.
Attorney Responsible: Jason M. Hatfield is responsible for the content on this site.
