Duty of care still applies during rainfall. When the roads are wet and rain is making it tricky to see out of a vehicle’s windshield or mirrors, drivers are still expected to act in a reasonable manner to avoid a collision. Therefore, liability will most likely fall on the person who drove in a careless manner. Examples of careless driving could include:
Speeding
Tailgating
Using a cellphone
Weaving through traffic
Driving under the influence
And more