Your Car Hydroplaned and Crashed. Is It Automatically Your Fault?

Please be advised that the following topic is for informational purposes only and not a legal matter currently handled by our firm. If you need further assistance regarding this particular topic, you can contact your local Bar Association for a referral to an attorney who may be able to address your inquiry in more detail.

The feeling is terrifying. You’re driving on a wet California road when you suddenly feel the steering wheel go light and your tires lose their grip. Your car is sliding, and there’s nothing you can do to stop it. When the crash is over, your first thought is likely, “This is my fault. I lost control.”

Insurance companies count on you thinking that way. They will almost always classify a hydroplaning crash as a single-driver, at-fault accident. They will argue you were driving too fast for the conditions and are solely responsible for your injuries and damages.

But they are often wrong.

While drivers must exercise caution in bad weather, other parties can be held legally responsible for causing the dangerous conditions that led to your hydroplaning accident. At Sally Morin Personal Injury Lawyers, we know how to look beyond the initial blame and investigate the true cause of your crash.

What is a Hydroplaning Car Accident?

Hydroplaning occurs when there is moisture, such as ice or standing water on the road. Specifically, it happens when you drive over a wet surface, and the tires of your vehicle lose traction with the ground and skid or slide overtop of the water or ice. 

These situations can be very dangerous, especially if traveling at higher speeds. Once your tires lose traction, it is hard to regain control of the vehicle, which can lead to the car spinning out of control. Your vehicle might also run off the side of the road or crash into other vehicles or even pedestrians or property. 

Is Hydroplaning Legally Considered an At-Fault Accident in California?

Not necessarily. The core question in any accident is one of negligence. All drivers have a duty to use “reasonable care” to avoid harming others. This includes slowing down and being more cautious in rain or on icy roads.

If you were speeding, tailgating, or making aggressive maneuvers in a downpour, you will likely be found at least partially at fault. However, if you were driving responsibly and your car still lost traction, the fault may lie with someone else entirely. Proving this requires a thorough investigation into the accident’s underlying causes.

Beyond the Weather: 4 Parties That Could Be Liable for Your Crash

Before you accept blame, consider whether one of these parties created the hazard that caused you to hydroplane.

1. A Government Entity (City, County, or State): Government bodies are responsible for designing, building, and maintaining safe roads. If your accident was caused by poor road conditions that they knew about (or should have known about), they can be held liable. This includes:
   • Poor road design that allows water to pool dangerously.
   • Clogged drains or culverts that fail to clear water from the roadway.
   • Lack of proper road maintenance, leading to deep ruts or potholes where water accumulates.
2. A Tire Manufacturer or Retailer: Your tires are your only connection to the road. If they fail due to a defect, the consequences can be catastrophic. A hydroplaning accident can be blamed on a manufacturer if it was caused by:
   • Defective tire design that prevents proper water channeling.
   • A manufacturing flaw that caused a sudden tire failure or tread separation.
3. A Negligent Mechanic or Repair Shop: You trust your mechanic to keep your car safe. If they make a mistake, they can be held responsible. This could include failing to properly install or rotate your tires, or missing a dangerous defect during a routine inspection.
4. Another Negligent Driver: The actions of another driver could have forced you into an unavoidable situation. For example, if another car cut you off, forcing you to brake suddenly or swerve into a large puddle, their reckless driving was the true cause of your hydroplaning incident.

Could Someone Else Be at Fault? Find Out Now.

If you were driving carefully but still crashed, you may have a valid claim against a third party. The details matter. Our free and confidential “Do I Have a Case?” tool can help you assess your situation and understand your legal options.

How to Avoid a Hydroplane Accident

While it is possible to hold another party liable for a hydroplane accident, it is still wise for you to handle your vehicle with care. In some cases, both your own driving actions and someone else’s negligence could have contributed to the accident, which means you can still recover compensation, but it will be reduced based on your percentage of fault or how much you contributed to the accident. 

So, how can you avoid hydroplaning?

• Drive at slower speeds when the roads are wet and icy. 
• Avoid driving through puddles of water if possible.
• Use precaution when driving through standing water.
• Try to avoid making sharp turns when the road is wet or when there is standing water.
• Avoid hard braking when the roads are wet.

If you do start to hydroplane:

• Take your foot off the gas
• Keep a firm grip on the steering wheel
• Do not turn the steering wheel; try to keep it straight or keep it from turning 
• Do not try to slam on your brakes; let the car slowly come to a stop on its own or slowly pump the brakes until the car stops

What to Do Immediately After a Hydroplaning Accident

1. Ensure Your Safety: Move to a safe place if possible and check for injuries. Call 911 to report the crash and request medical help.
2. Document the Conditions: This is critical. Use your phone to take extensive photos and videos of the scene. Capture the standing water, poor drainage, potholes, or any other condition that caused you to hydroplane.
3. File a Police Report: Make sure the responding officer documents your side of the story, including your speed and your belief that a road condition caused the crash.
4. Get a Medical Evaluation: See a doctor right away to have any injuries assessed and documented.
5. Preserve Your Vehicle: Do not have your car repaired or your tires replaced immediately. They are key pieces of evidence, especially if you suspect a defect was the cause.
6. Contact a Personal Injury Lawyer: Do not accept your insurance company’s initial finding of fault. Speak to an attorney who has experience investigating complex liability cases.

Proven Success in Complex Road Hazard Cases: $100,000 Settlement

Holding third parties like government entities liable for unsafe roads requires specific experience. We represented a motorcyclist who crashed after hitting a large metal object that was negligently left in the roadway by a Caltrans contractor. Despite the challenges of suing a government-related entity, we conducted a deep investigation and proved the contractor’s negligence caused our client’s serious injuries. We successfully secured a $100,000 settlement for him, showing our commitment to winning complex cases that other firms might turn away.

What Our Clients Say

“Could not be happier with my experience. Physically injured, anxiety riddled, and emotionally exhausted post accident– I could not have pushed through the accident aftermath alone. Their support was unmatched and I am so grateful for the empathic communication, strong legal presence, direct functioning, and assistance in finding solutions. I didn’t understand anything about my accident, medical insurance, or obtaining legal support- Annie (and Carmen!) made things happen in a way that helped me understand and work through the post accident insanity. I couldn’t be happier with having chosen them to represent me.“ – Kira, Yelp


Read Kira M.‘s review of Sally Morin Personal Injury Lawyers on Yelp

“can’t imagine what I would have done without Sally Morin law. After my accident, I was in the hospital for three weeks in a rehab for three more weeks back in the hospital for another month and then more rehab. During the whole time, Sally Morin helped me figure everything out and I never had to worry about, you know, how I was gonna get my medical bills paid and, you know, who was dealing with insurance companies and all kinds of stuff. I just got to deal with making sure that I was recovering and, uh, at the end of everything, uh, that I was healthy and okay.” – Kyle

Frequently Asked Questions about Hydroplaning Accidents

Don’t Accept Unfair Blame for Your Accident

If you were injured in a hydroplaning accident that wasn’t your fault, don’t let an insurance company bully you into taking the blame. The dedicated personal injury team at Sally Morin knows how to investigate every possible contributing factor, from road design to tire defects, to build a powerful case on your behalf.

We Handle Your Hydroplaning Car Accident Claim So You Can Focus On Your Life

If you are involved in a California hydroplaning accident, our team can help. Even if you aren’t sure if another party is responsible, we can review your case and offer you guidance on your best options moving forward. 

Let the team at Sally Morin help you navigate your claim so you can get the compensation you deserve. Call us at 877-380-8852 or contact us online today for a free case evaluation.