Liability for a hydroplaning accident comes down to whose negligent actions resulted in an accident that injured you. Generally, fault for these crashes will fall on another driver if he or she was engaged in some form of reckless or negligent driving, such as:
Speeding
Driving too closely
Distracted
A driver whose worn tires caused his or her vehicle to hydroplane and then crash into yours may also be liable because of poor vehicle maintenance. This is because drivers have a legal duty to keep their vehicles in safe operating condition, including ensuring their tire tread is not overworn or their tires are not underinflated.
While the driver of the vehicle that hydroplaned is usually at fault for a hydroplaning collision, there are some other parties who may be held liable:
Vehicle owners – Sometimes drivers borrow vehicles from friends and family, or a parent owns the vehicle their child is driving. In these cases, the owner of the vehicle could be held liable for your damages caused by the driver borrowing the car. This is heavily fact dependent.
Employers – If an employee causes a hydroplaning accident while on company time or in a company-owned vehicle, his or her employer could be held liable for your damages.
In some rare instances, a mechanic may be liable for a hydroplaning accident if he or she failed to change (or offer to change) worn tires.
To hold a party responsible, your attorney must be able to prove there was a negligent action that caused the crash and the injuries you suffered were a direct result of that negligence.