How does the PNW Atmospheric River impact liability in car crashes?
How does the PNW Atmospheric River impact liability in car crashes?
This is an interesting question in December of 2025 to answer because the rain and the flooding is ongoing and expected to cause more disruption in the following days and weeks. These weather conditions increase the risk of car accidents, and when a crash happens in bad weather it raises important questions about liability and the extent of any driver’s negligence. I can’t speak for Washington, but if we look at the issue with the lens of the impact of weather on Negligence in Oregon it actually shows the versatility of the Common Law system and how it can adapt itself to any factual circumstance. Let’s dive right into it:
Legally, does the storm itself have any impact on the law of Negligence in Oregon?
Impact on Common Law and Negligence Law
Probably not. The Common Law in general and Negligence law in particular is by its very design adaptable. The Common Law can be changed by Judges and in Oregon it has been changed by judges a few times in recent years. They can add claims or get rid of old claims or defenses and they do it to try and get the most beneficial version of the Common Law; with the benefit of hundreds of years of hindsight, they have a lot of legal theory to draw on. Negligence in particular in Oregon focuses liability on the foreseeable risk of harm that a person takes. So, it is adaptable to be able to operate in a storm or not because the focus is on the reasonableness of the risk taken.
Impact on Negligence Per Se
There is a doctrine of Negligence Per Se that might be impacted by decisions and rules made by various executive branch and legislative branch individuals. For example, if Highway 101 is closed pursuant to a legislative enactment and you drive down Highway 101 anyway (assuming you drove down it without good reason), and as a result of that choice you cause harm to the type of person or property meant to be protected by that legislative enactment, and the harm is of the type the legislative enactment was designed to prevent, then it is possible that there will be a presumption of negligence (i.e. Negligence Per Se) based on the violation of the rule.
Factually, does the storm itself have any impact on whether a person is Negligent?
Absolutely, in dangerous weather conditions the risks we take while driving are enhanced. Driving is already dangerous, but can be more so in heavy rain, with slick roads and certainly with standing water. This impact likely goes up substantially if you are driving on a closed road without an extremely good reason (like a medical emergency where a person will die if you don’t drive across the closed road). It may seem obvious, but the law would prefer that you don’t take a foreseeable unreasonable risk and if you do and cause harm, you will likely be found liable in Oregon for making that choice.
Storm-Related Crashes: Getting Help and Prevention
If you have been in a car crash in Oregon during the Atmospheric River event of 2025 then give us a call at (541) 486-5464 and our experienced attorneys are happy to help you evaluate your situation and see if there is a case free of charge.
Hopefully though, everyone makes choices that reduce the risk of foreseeable harm and stay safe during this event. If you want more information on the risks I would say that KATU news did a really good news report with some solid tips and tricks: https://katu.com/news/local/highway-101-closed-in-several-locations-along-oregon-coast-due-to-flooding-and-landslides-tillamook-clatsop-county-atmospheric-river
This morning (12/11), Benton, Polk, Clackamas and Marion counties are all under flood warnings for flooding along the Pudding, Molalla, Luckiamute, and Willamette Rivers. Be sure to stay informed about local closures, follow posted signs, and never try to drive around barricades or through flooded areas. Remember: “Turn around, don’t drown”. Most flood-related fatalities occur while driving. It only takes 18 inches of water to float a car, which is less than most people realize. Be especially careful when driving at night when it’s even harder to see flood dangers.










