How Wet Roads Contribute to Accidents 
Rain and wet road surfaces can significantly reduce tire traction, increase braking distance, and limit visibility. Drivers are expected to modify their behavior under such conditions by reducing speed, maintaining a safe following distance, and remaining alert for unexpected obstacles. A driver who fails to adapt to wet conditions may bear a larger share of fault even if another factor, such as a pothole, contributed to the incident. For example, if a motorist is speeding or tailgating when they encounter a slick curve, and they collide with another vehicle, the court or insurance adjuster will likely consider their failure to exercise reasonable care when determining liability. Conversely, if a driver takes appropriate precautions yet is still involved in a crash due to unavoidable hazards, the responsibility may shift toward another party or be shared proportionally among the involved drivers. The Role of Potholes and Municipal Responsibility
Potholes present unique challenges in liability determination. While drivers are generally responsible for maintaining control of their vehicles, municipalities can be held liable if they negligently maintain roadways. New Hampshire law requires towns and cities to repair dangerous road conditions that are known or should have been known. Evidence of prior complaints, maintenance logs, and inspections can play a pivotal role in proving municipal negligence. A driver who suffers damage after striking a pothole may pursue a claim against the city if it is shown that officials were aware of the pothole and failed to take reasonable action to repair it. This creates a layered approach to fault, where liability can involve both the driver and the responsible municipality, depending on the facts.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Gathering Evidence After a Crash
Establishing the impact of wet roads or potholes on an accident requires meticulous evidence collection. Drivers should document road conditions, capture photographs of potholes, record skid marks, and gather any eyewitness accounts that describe how the accident occurred. Weather reports and traffic camera footage may provide critical support for showing that conditions contributed to the crash. If a municipality is potentially liable, obtaining records of prior complaints, maintenance schedules, and inspection reports becomes essential. Comprehensive evidence allows attorneys to argue effectively for fair apportionment of fault and to negotiate with insurers from a position of strength.Comparative Negligence and Shared Responsibility
New Hampshire’s comparative negligence system allows for the apportionment of fault among multiple parties. Even when potholes or wet conditions contribute to an accident, each driver’s conduct is evaluated. Key factors include speed, vehicle control, reaction to hazards, and adherence to traffic laws. The degree of fault assigned to a driver may reduce the damages they can recover or increase the liability they owe to other parties. This system emphasizes careful analysis of each party’s actions and the contextual hazards they faced. For instance, a driver who failed to reduce speed on a wet road may be found 60 percent at fault, while another driver who failed to yield may share 40 percent of the liability.Case Study: Municipal Negligence and Shared Fault
A notable example involved a driver in Manchester who collided with another vehicle after hitting a deep pothole on a wet road. Investigation revealed that the pothole had been reported weeks before but remained unrepaired. Tenn And Tenn, PA assisted the driver in collecting photographs, weather data, and municipal maintenance records. Our attorneys were able to demonstrate that the city’s negligence contributed significantly to the accident, resulting in a favorable settlement. Although both drivers shared some responsibility, the evidence established municipal liability as a key factor in the outcome.Millions in Verdicts & Settlements
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