Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
Heavy rain can quickly leave Louisiana roads covered in standing water. When your tires cannot push through the water fast enough, they can lose contact with the road and the car may start to slide. This is known as hydroplaning.
If that happens and you end up in a crash, you may wonder who is responsible. Was it simply the weather, or did another driver, a road problem, or poor vehicle maintenance play a role? A New Orleans car wreck attorney can help you look at the facts and understand your options.
This guide explains what causes hydroplaning, when someone else may be responsible, and what you should do after a crash.
Hydroplaning happens when your tires lose contact with the road because of standing water. Instead of gripping the pavement, the tires ride over the water, making it harder to steer or brake.
It can happen on any wet road, but higher speeds and worn tires can make it more likely.
Rain can also make roads more dangerous when drainage is poor, or water collects on the surface. According to federal research , wet roads are involved in many weather-related crashes. The first few minutes of heavy rain can also make roads more slippery as water mixes with oil and other buildup on the pavement.
Hydroplaning does not automatically mean no one is at fault. Drivers are expected to adjust their speed and driving to the weather and road conditions.
A posted speed limit does not mean you must drive that fast in heavy rain. If a driver keeps going too fast for the conditions and loses control, that may show negligence.
But the driver may not be the only one responsible. A poorly maintained road or failed drainage system could contribute to the crash. A blowout or loss of traction caused by worn or defective tires could also raise questions about the tire manufacturer or seller.
These claims depend on the facts and evidence. Photos of the road, standing water, vehicle damage, and tires can help show what happened.
Louisiana divides fault by percentage. If your damages are $80,000 and you are 25% at fault, your recovery could be reduced to $60,000.
For crashes on or after January 1, 2026, a person found 51% or more at fault generally cannot recover damages. Earlier crashes follow the pure comparative fault rule. You can read the rule in Civil Code article 2323.
Insurance companies may argue that a hydroplaning crash was entirely the driver’s fault because the driver should have slowed down. The evidence can tell a different story if road conditions, another driver’s actions, or a vehicle problem also played a role.
You cannot control the weather, but you can reduce the risk of losing control on wet roads. Slow down when it rains, leave more space between vehicles, and avoid sudden braking or steering.
Turning off cruise control can also help you maintain better control. If possible, avoid driving through deep standing water.
Your tires matter, too. Keep them properly inflated and replace them when the tread is worn. Good tires can give you better traction on wet roads.
If you are involved in a crash, focus on getting somewhere safe and calling 911 if anyone is injured. Once it is safe, take photos of the vehicles, road conditions, standing water, tire marks, and anything else that may help explain what happened.
Exchange information with the other driver and get contact information from anyone who witnessed the crash. If you are injured, seek medical attention and keep your medical records and bills.
If an insurance company contacts you, be careful about giving a recorded statement or accepting an early settlement before you understand your claim. A New Orleans car accident lawyer can help you review the evidence and understand your options.
|
Speed |
Less time for water to escape under the tires |
Slow well below the posted limit in rain |
| Worn tread | Bald tires cannot channel water away | Keep tread above 2/32 inch; replace worn tires |
| Low tire pressure | Underinflated tires grip less and flex more | Check pressure against the door-jamb number |
| Standing water | Deep water lifts the tires off the road | Avoid puddles and outer lanes where water pools |
| Cruise control | Delays your reaction if the car slips | Switch it off on wet roads |
The driver may be liable for driving too fast or failing to adjust to the weather. A road authority or tire seller may also share fault in some cases.
Ease off the accelerator, steer gently, and avoid sudden stopping or sharp turns until the tires regain traction.
No single law covers hydroplaning. These crashes fall under a driver’s duty to drive safely for the road and weather conditions.
For crashes on or after July 1, 2024, the general deadline is two years. For earlier crashes, it was one year.
A hydroplaning crash can leave you hurt and blamed for a slide you could not fully control. You do not have to accept the insurer’s version. For wrecks on or after July 1, 2024, Louisiana generally gives you two years from the crash to file a claim. Documenting the conditions early can strengthen your claim.
Charbonnet Law Firm has represented injured drivers across the New Orleans area for three generations, and consultations are free. If you were hurt in a rain-related crash and want to know where you stand, reach us at (504) 888-2227 or schedule a free consultation to talk through your options.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
