In this article 10 sections
After a long, dry summer, rain is back in the California forecast. Forecasters expect the first widespread rain of the season in much of the state this week, mostly on Wednesday and Thursday. In the San Joaquin Valley, it would be the first widespread rain in almost six months, and local forecasters there have warned that dust and oil built up on the roads could make driving slippery.
The first storm tests tires, wipers, and habits built on dry pavement all at once. Here is what the numbers show, what California law expects of drivers in the rain, and what to do if you are hurt in a wet-road crash.
Wet Roads Are Behind Many Crashes
The Federal Highway Administration tracks how weather affects traffic safety. Using National Highway Traffic Safety Administration data, it reports that from 2019 through 2023 an average of about 860,000 crashes a year happened on wet pavement nationwide. Those crashes injured about 324,000 people and killed about 4,050 people each year. Wet pavement accounted for roughly 70 percent of all weather-related crashes.
Those are national figures, not California numbers, but they show how common wet-road crashes are.
Rain Is Not an Excuse Under California Law
After a wet-weather crash, it is common to hear a driver say, “It was raining, I couldn’t stop.” California law generally doesn’t accept that as a complete answer. Drivers are expected to adjust to the conditions in front of them.
The basic speed law
Vehicle Code section 22350 says no one may drive “at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway.” It also says no one may drive at a speed that endangers people or property.
In other words, a driver can be under the posted limit in a downpour and still be driving too fast for the weather.
Following distance
Vehicle Code section 21703 says a driver must not follow another vehicle “more closely than is reasonable and prudent,” having due regard for speed, traffic, and “the condition of, the roadway.” Wet pavement takes longer to stop on. A gap that felt safe on a dry afternoon may not be enough in the rain, and rear-end crashes are a common result.
Headlights when the wipers are on
Vehicle Code section 24400 requires cars to be driven with their headlights on during darkness or “inclement weather.” The law defines inclement weather to include any condition that requires the windshield wipers to be in continuous use because of rain, mist, snow, fog, or other moisture. It also covers conditions where a driver can’t clearly see a person or another vehicle 1,000 feet away.
If your wipers are running, your headlights should be on. A driver who skipped this may have been harder to see, which can matter when fault is sorted out.
What About the “Sudden Emergency” Defense?
Sometimes a driver who caused a crash in the rain argues that they faced a sudden emergency. California does recognize a sudden-emergency rule, but it is narrow. Under the standard jury instruction, CACI No. 452, the driver generally has to prove three things:
- There was a sudden and unexpected emergency in which someone was in actual or apparent danger of immediate injury.
- The driver did not cause the emergency.
- The driver acted as a reasonably careful person would have in the same situation, even if a different choice later looks safer.
The second point is often where this argument runs into trouble. A driver who was going too fast for a wet road, following too closely, or driving on bald tires may have helped create the very emergency they are pointing to. Whether the rule applies depends on the specific facts, and it is generally up to the driver raising it to prove it.
Fault Can Be Shared
California uses comparative fault. Since Li v. Yellow Cab Co. (1975), an injured person’s compensation can be reduced by their own share of responsibility, but being partly at fault generally does not wipe out a claim.
In rain-related crashes, insurers often look for ways to shift some blame to the injured driver: speed, worn tires, headlights, or following distance. That’s one reason to be careful about what you say to the other driver’s insurance company before you understand your rights.
When a City, County, or Caltrans May Share Responsibility
Some wet-weather crashes aren’t only about the drivers. A clogged storm drain that floods the same intersection every winter, a pothole that opens up after a storm, or a missing warning sign on a road known to pool water can all raise questions about the public agency that owns the road.
Under Government Code section 835, a public entity may be liable for injuries caused by a dangerous condition of its property. Generally, the injured person must show that the property was in a dangerous condition, that the condition caused the injury, and that it created a reasonably foreseeable risk of that kind of injury. They must also show either that a public employee’s negligent act created the condition, or that the agency knew or should have known about it in time to fix it or protect against it.
There is an important limit. Government Code section 831 says a public entity generally is not liable for injuries caused by “the effect on the use of streets and highways of weather conditions as such,” which the statute says includes fog, wind, rain, flood, ice, or snow. In plain terms, a city usually isn’t responsible just because it rained and the road got slick.
But section 831 has its own limits:
- It does not apply when the weather’s effect “would not be reasonably apparent to, and would not be anticipated by, a person exercising due care.”
- It does not cover “physical damage to or deterioration of streets and highways resulting from weather conditions.” A pothole or washout caused by a storm is treated differently from rain on the pavement.
These claims are technical. Other defenses, including immunity for some approved road designs, can come into play, and every case turns on its own facts.
Claims against public agencies also start with a written government claim on a much shorter deadline. Our post on government claim deadline traps explains why it is so strict.
Slips at Wet Store Entrances
Rainy days also bring falls at the doors of grocery stores, malls, and offices, where shoppers track water onto smooth floors. A business isn’t automatically responsible because a floor was wet. Generally, the question is whether it knew or should have known about the hazard and had time to deal with it, for example with mats, mopping, or warning signs.
In Ortega v. Kmart Corp. (2001), the California Supreme Court held that an injured shopper doesn’t always need direct proof of how long a hazard was on the floor. Evidence about the store’s inspection practices can support an inference that it should have found the problem. Our guide to California premises liability covers how notice works in these cases.
A Hypothetical Rainy Commute
This is a hypothetical example, not a real case. On the first rainy evening of the season, a driver is stopped at a red light on a busy boulevard. The driver behind her is going the posted speed limit with no headlights on, brakes late on the slick pavement, and slides into her car.
The driver who rear-ended her may point to the rain. But the questions that usually matter are whether that driver’s speed was reasonable for the conditions, whether the following distance was enough for a wet road, and whether the headlights were on as the law requires. If a flooded lane caused by a known, unrepaired drainage problem also played a part, a public agency’s role might need to be looked at too. Each of those questions turns on the evidence, and no outcome is guaranteed.
What to Do After a Wet-Road Crash
- Get to safety and get medical care. If you can, move out of traffic lanes, and get checked even if you feel fine. Some injuries show up later.
- Call the police, and get the other driver’s name, insurance, and license plate number.
- Photograph everything quickly. Rain washes away skid marks and debris fast. Capture standing water, potholes, clogged drains, missing signs, lighting, and the position of the cars.
- Note the conditions. Write down how hard it was raining, whether other cars had their headlights on, and the time.
- Find witnesses and ask nearby businesses or homes about camera footage before it’s recorded over.
- Keep your tires and repair records. The condition of each car can become an issue.
- Be careful with the other side’s insurer. Avoid recorded statements until you understand your rights.
And when you’re the one behind the wheel this week: slow down, leave more room, turn on your headlights, and never drive into a flooded road.
Deadlines Come Quickly
In California, the deadline to file a personal injury lawsuit is generally two years. If a city, county, Caltrans, or another public agency may be involved, a claim may be due in as little as six months. Different claims can have other deadlines, and it is not always obvious which one applies, so talk with a lawyer promptly rather than counting on any particular amount of time.
Talk to a California Car Accident Lawyer
A crash in the rain can involve another driver, a public agency, or both. Our car accident team can look at what happened, gather the evidence before it disappears, and explain your options.
This post is general information, not legal advice for your situation. If you were hurt in a wet-weather crash, contact Reardon Stodolka for a free consultation at 657.522.7122. You pay nothing unless we recover compensation for you.