Wet Leaves, Sun Glare, and Early Darkness: How Fall Weather Affects Auto Accident Claims

Every fall, driving conditions change across Iowa and Nebraska. Days get shorter, wet leaves cover the roads, the sun sits low on the horizon during rush hour, and commutes that once happened in daylight suddenly take place in the dark.

Fall driving safety is not just about preventing accidents. Weather and road conditions can also affect who is responsible when a crash happens. Bad weather doesn’t automatically mean no one is at fault, as drivers are still expected to respond to the conditions around them. If you’ve been in a fall weather-related accident, contact us today.

Why Fall Is One of the Trickiest Seasons to Drive

Several driving hazards can show up at the same time during fall:

• Wet leaves that reduce traction
• Sun glare at sunrise and sunset
• Earlier darkness after daylight saving time ends
• Morning frost and fog
• Increased deer activity

The Iowa Department of Transportation identifies October and November among the peak months for deer collisions in the state. In fact, Iowa DOT crash data from 2014 through 2023 shows that all 10 dates with the most animal crashes occurred during the first half of November.

Deer are also more active around sunrise and sunset, when visibility may already be limited in the fall.

Does Bad Weather Get the Other Driver Off the Hook?

Bad weather does not excuse a driver from responsibility. Drivers are expected to adjust to the conditions they encounter. That could mean slowing down, leaving more space between vehicles, or turning on headlights when visibility is poor.

For example, a driver who hydroplanes on a wet road or loses control on wet leaves may still be responsible for a crash. If the driver was traveling too fast for the conditions or following another vehicle too closely, those actions could support a finding of negligence.

The key question is not simply whether bad weather contributed to the crash. It is a question of whether the driver acted reasonably given the conditions at the time.

How Sun Glare and Low Visibility Affect Who Is Liable

Sun glare can be intense during a fall commute when the sun is low on the horizon. However, saying “the sun was in my eyes” does not necessarily mean the driver is not responsible for the crash.

When visibility becomes limited, drivers should take reasonable precautions. That may include:

• Slowing down
• Using the sun visor
• Keeping the windshield clean
• Leaving additional space between vehicles
• Pulling over safely if visibility becomes dangerously limited

If a driver continues at normal speed despite being unable to see the road clearly, that behavior may become an important factor in determining fault.

A crash involving sun glare or poor visibility can still result in an insurance claim. Which coverage applies depends on the policy, who was at fault, and the circumstances of the crash.

Who Pays After a Weather-Related Crash in Iowa and Nebraska?

Comparative negligence laws can become important when weather contributes to a crash. An insurance company may argue that both drivers failed to respond appropriately to the conditions.

• Iowa: Under Iowa Code § 668.3, an injured person can recover damages as long as their fault is not greater than the combined fault of the parties they are seeking damages from. Iowa gives injured people two years to file a personal injury lawsuit under Iowa Code § 614.1(2).
• Nebraska: Under Rev. Stat. § 25-21,185.09, an injured person cannot recover if their negligence is equal to or greater than the negligence of the other parties. When recovery is allowed, compensation is reduced according to the injured person’s share of fault. Nebraska allows four years to bring a personal injury claim under Neb. Rev. Stat. § 25-207.

An insurer may argue that the injured driver also failed to adjust to the conditions. Photographs, witness statements, and weather information can help show how each driver responded.

What to Do If Fall Weather Played a Role in Your Crash

Weather conditions can disappear quickly after an accident. Wet leaves may be cleared away, frost can melt, fog can lift, and the position of the sun changes by the minute.

If it is safe to do so after a crash:

• Call the police and report the accident.
• Photograph wet leaves, frost, standing water, or other road conditions.
• Take pictures showing visibility and the surrounding roadway.
• Note the time of the crash and the position of the sun.
• Get medical care for your injuries.

If sun glare contributed to a crash during a morning or evening commute, photographs taken shortly afterward may help document what drivers could see at that time and location.

Before giving a recorded statement to an insurance company, consider speaking with an experienced attorney. What you say about your speed, visibility, and reaction to the weather could become part of the insurer’s fault investigation.

Talk to MSMC Injury Lawyers About Your Fall Crash

Wet leaves, sun glare, and early darkness can make an already stressful crash even more complicated. Determining what happened may require a close look at the weather, road conditions, driver behavior, and available evidence.

MSMC Injury Lawyers bring more than 56 years of combined experience helping injured people across Iowa and Nebraska.

If you were injured in a fall car accident, reach out to MSMC Injury Lawyers for a free consultation. You don’t pay us anything unless we recover money for you.