Rain, fog, ice, and even occasional snow can create hazardous conditions for drivers, pedestrians, and property owners alike. But when an accident happens in bad weather, who is liable? 

Can someone still be held responsible when nature plays a role? The answer is – yes.

Whether you’re dealing with a slip and fall on an icy sidewalk or a car accident caused by poor visibility, determining liability isn’t always straightforward. Our Portland personal injury lawyer at Craig Swapp & Associates represents victims injured in weather-related accidents. 

Let’s take a deeper look at how liability in these accidents affects a personal injury case in Portland. 

How Does Weather Affect the Liability of an At-Fault Party?

It’s a common myth that bad weather “excuses” someone from liability. In reality, adverse weather conditions raise the level of care expected from everyone on the road or in charge of property maintenance. 

Oregon law does not allow drivers or property owners to simply blame rain, ice, or fog; they are still expected to act reasonably given the conditions. Bad weather doesn’t get someone off the hook; it often makes their actions more dangerous. 

Here’s how weather can increase liability:

  • Driving too fast for conditions (even if within the posted speed limit) can be considered negligence under Oregon’s “basic speed rule.”
  • Failing to clear sidewalks of snow or ice within a reasonable timeframe can lead to a strong liability case, especially in cities like Portland with local ordinances.
  • Not using headlights in low-visibility weather can be a breach of duty.
  • Ignoring the Oregon Department of Transportation warnings about chains or tire traction devices during snow or freezing rain can also point to negligence.

In rare cases, a defendant might argue that a sudden and unexpected weather event made it impossible to avoid an accident. However, Oregon courts typically evaluate whether the person responded appropriately given the situation. Did they slow down, turn on headlights, place warning signs, or take reasonable precautions?

In short, weather doesn’t erase responsibility; it changes what is considered reasonable. If a party failed to adapt their behavior to the conditions, they can still be found liable.

Weather-Related Personal Injuries in Portland

Portland is no stranger to difficult weather conditions. 

These are some of the most common accidents involving weather:

Rain-Related Car Accidents

Slippery roads are a constant hazard in Portland. Rain can reduce traction, increase stopping distances, and impair visibility. 

Car accidents often happen when drivers:

  • Follow too closely on wet roads
  • Fail to turn on headlights during a storm
  • Hydroplane due to bald tires or speeding

Even in the rain, drivers are still expected to operate their vehicles with due care. That’s why proving liability in bad weather accidents often hinges on showing how the driver failed to adjust to the conditions.

Icy Sidewalk Slip and Falls

When sidewalks, parking lots, or building entrances aren’t treated or cleared during or after winter, they can become dangerously slick. In Portland, property owners are required to remove snow and ice from adjacent sidewalks, or they may be held responsible for any injuries that result.

Victims of slip and fall accidents often suffer broken bones, concussions, or back injuries. If the fall occurred due to poor maintenance, victims may be entitled to compensation.

Fog-Related Pedestrian Accidents

Heavy fog in the Portland area, especially in forested areas, reduces visibility for both drivers and pedestrians. 

Many pedestrian accidents happen because a driver fails to:

  • Use headlights
  • Yield at a crosswalk
  • Adjust speed in low-visibility zones

When visibility is low, drivers are still expected to watch out for pedestrians and anticipate reduced reaction time.

Who Is Liable for Weather-Related Accidents in Portland?

Determining liability in weather-related accidents in Portland requires looking at several factors, including:

  • Did the person act reasonably under the conditions?
  • Did they violate any laws or ordinances (like failing to clear sidewalks)?
  • Were there prior warnings or preventable hazards?
  • Was the victim also partially at fault?

Oregon follows a “modified comparative negligence” rule under ORS § 31.600. That means if the injured person is less than 51% at fault, they can still recover damages, although their compensation will be reduced by their percentage of fault.

For example, in car crashes, the same rule applies. A driver may argue that the weather caused the accident, but if they were speeding, following too closely, or ignoring tire chain requirements, they can still be liable.

Portland Government Liability in Bad Weather Accidents

When a government entity is responsible for a road, sidewalk, or traffic system, it may share liability for accidents, but there are special rules and limitations.

Government agencies in Oregon often invoke discretionary immunity under ORS § 30.265. This protects them from lawsuits involving policy decisions, such as prioritizing which roads to plow or de-ice. For instance, if the city chose to plow a major road instead of a neighborhood street, and you crash on the unplowed road, that policy-level choice is often immune from liability.

However, if the government:

  • Failed to fix a known hazard (e.g., a broken streetlight or defective drain that caused pooling),
  • Ignored a routine maintenance obligation,
  • Or created a dangerous condition without warning (like mismanaging a road closure or signage),

Then it may be liable, subject to Tort Claims Act procedures, including strict notice and filing deadlines. If your accident involves a public sidewalk or roadway during bad weather, experienced injury lawyers in Portland can help determine whether a local or state agency may be legally responsible.

Don’t Let the Weather Cloud Your Right to Compensation

Bad weather may make roads and sidewalks dangerous, but it doesn’t excuse negligence. If you were injured in a weather-related accident in Portland, you still have the right to pursue compensation if someone else failed to act responsibly.

Understanding the laws around liability in bad-weather accidents can make the difference between a denied insurance claim and a fair settlement. Liability in these cases often turns on how well the at-fault party responded to the conditions, not just what the weather was like. 

Our accident lawyers at Craig Swapp & Associates are here to help. We understand how Oregon fault law applies to complex weather-related cases and can guide you through every step of the legal process.

Call us at 971-266-6872 to schedule a free consultation or send us a message about your case by answering our online form here.

Written By: Ryan Swapp     Legal Review By: Craig Swapp