Who’s at fault in a New Jersey car accident caused by fog, rain, or snow? Most of the time it’s the driver, not the weather.
That’s why you keep seeing headlines like “Accidents snarl traffic on Route 42.” If you’ve ever tried to cross from South Jersey into Philly on a foggy morning you know the scene. The Walt Whitman backed up. 295 crawling. Parkway bridges swallowed by mist.
I’ve been handling South Jersey car accident cases for over 20 years. After weather crashes the question I hear most is simple. “How can I be blamed when I couldn’t see?”
New Jersey law has a clear answer and it’s not the one most drivers expect.
New Jersey’s Assured Clear Distance Rule
Under New Jersey Title 39 you must drive at a speed that lets you stop within the distance you can see ahead. If you can only see 25 feet in the fog then you need to drive slow enough to stop in 25 feet.
Route 42 doesn’t care if you’re late for the PATCO train. The Atlantic City Expressway won’t adjust for your schedule. The Garden State Parkway has the same tight Pine Barrens curves whether you can see them or not.
New Jersey courts don’t accept “I couldn’t see” as an excuse. They see it as proof you were going too fast for conditions.
Where South Jersey Accidents Happen Most
Route 42 through Camden and Gloucester counties is tough even on clear days. Add fog in the low spots and you get pileups. The AC Expressway through the Pine Barrens is unpredictable. Fog can appear and disappear in seconds. The Parkway in Ocean County may be the worst. Morning fog rolls off Barnegat Bay and drivers suddenly find themselves blind at highway speed.
Here’s what surprises most people. Rain causes more weather crashes in New Jersey than snow or fog. Just regular South Jersey rain that drivers think they can handle at full speed.
What New Jersey Law Actually Requires
The law calls for “reasonable care under existing circumstances.” Bad weather doesn’t excuse poor judgment. It requires better judgment.
Courts look at what a reasonable New Jersey driver would do. Someone who knows fog rolls in off the water. Someone who has driven the Parkway enough times to know what can happen. Someone who respects how fast South Jersey weather changes.
Fighting Insurance Company Excuses
Insurance companies like to call weather accidents “sudden conditions” that couldn’t be avoided.
That’s usually not true. Weather here follows patterns. Morning fog near the Delaware. Afternoon storms in the summer. The Pine Barrens making their own weather.
Any driver who has lived here more than a week knows this. The law expects them to drive accordingly.
Staying Safe on New Jersey Roads
Check bridge traffic before you leave. Fog or rain means delays. Don’t let pressure to be on time push you into driving too fast.
Route 42 has curves and hills that hide what’s ahead. When visibility drops you need to slow down right away.
The AC Expressway in the Pine Barrens is famous for sudden fog. Don’t trust what you see in the distance. Conditions change too quickly.
The Parkway has dozens of bridges and overpasses. Each change in elevation can affect visibility. Ocean County drivers know the coastal fog that rolls in from the bays and the ocean.
Protecting Your New Jersey Weather-Related Car Accident Claim
Take photos of the conditions right away. Weather changes fast in New Jersey and pictures help prove what it was like.
Get witness information. Other drivers saw the same thing you did. Their statements back up your claim.
Call the police even for small crashes. Officers note weather conditions in their reports and those notes can become important evidence.
See a doctor within 24 hours. Insurance companies will question any delay in treatment.
Your Rights Under New Jersey Law
New Jersey’s no-fault system doesn’t erase the other driver’s responsibility. If they failed to adjust for the weather and caused your crash they can be held liable. That includes medical bills, lost wages, and pain and suffering.
Insurance companies may argue the weather made the accident unavoidable. Don’t accept that. Local drivers know the patterns and the law expects them to drive safely in them.
When You Need a South Jersey Car Accident Lawyer
Weather doesn’t cause accidents in New Jersey. Poor decisions in bad weather do.
We know Route 42. We know the AC Expressway. We know the Parkway and the spots where conditions change without warning. We know New Jersey law and how to fight insurance companies that try to blame the weather instead of the driver.
We’ve helped South Jersey drivers after weather-related crashes. If you need guidance we’re here.
Call 1-800-CANT-WORK for a free consultation.
Drive safe out there, South Jersey.
The Law Offices of Eric A. Shore represents accident victims throughout New Jersey. We understand the roads, the weather, and the law. Contact us at 1800CANTWORK.com or call 1-800-CANT-WORK.
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Who’s at Fault in a New Jersey Weather-Related Car Accident?
When a car accident in New Jersey happens during fog, rain, or snow, most people assume the weather is to blame. But under New Jersey law it’s usually the driver who’s held responsible.
That’s why you see headlines like “Accidents snarl traffic on Route 42.” If you’ve ever crossed into Philly on a foggy morning you know the scene. The Walt Whitman backed up. Route 42 crawling. Parkway bridges hidden in mist.
New Jersey’s assured clear distance rule says you must drive at a speed that lets you stop within the distance you can actually see. If you can only see 25 feet, you must drive slow enough to stop in 25 feet. Courts don’t accept “I couldn’t see” as an excuse.
Route 42, the AC Expressway, and the Parkway in Ocean County are some of the most dangerous spots in South Jersey during bad weather. Rain actually causes more crashes than snow or fog because drivers don’t slow down.
If you’ve been hurt because another driver failed to adjust for New Jersey weather, you may have a claim. Call 1-800-CANT-WORK or visit 1800CANTWORK.com for a free consultation.
