Can Bad Weather Excuse a Rear-End Crash?

If you’ve been injured in a car accident, especially one where the other driver claims they "lost control" due to weather or road conditions, you might wonder if that excuse affects their legal responsibility. A recent New Jersey court case, Presbery v. Willitts, 2025 N.J. Super. Unpub. LEXIS 406 (App. Div. Mar. 17, 2025), tackled exactly that question—and clarified a common misunderstanding about something often called the “Mockler charge.”

In this case, the defendant rear-ended another car at a red light. He admitted that his vehicle hydroplaned on a wet road. At trial, the defendant’s attorney asked the judge to give a special jury instruction—referred to as a “Mockler charge”—which would tell jurors that a driver isn’t negligent simply because their car skids, as long as they were driving reasonably under the circumstances.

But the trial court said no, and the Appellate Division agreed. The court explained that, although the facts of the case were similar to those in Mockler v. Russin, 102 N.J. Super 582 (1968), the term “Mockler charge” is a misnomer. No such special instruction was given in the original Mockler case itself, and for over fifty years since Mockler was decided, New Jersey courts have never required any specific jury instruction based on that case. While courts have acknowledged in past cases that drivers shouldn't automatically be found negligent just because of a skid or slide, that concept is already covered under standard negligence instructions. The jury can still consider whether the driver was acting reasonably based on all the facts—including weather, road conditions, and speed.

So what does this mean for accident victims? It means that just because a driver claims the road was wet or slippery, they don’t automatically get off the hook. They must still prove that they were driving responsibly and cautiously under those conditions. And in most cases, juries don’t need a special instruction to understand that—they can reach that conclusion through the regular legal framework.

Lee and Kim law LLC has extensive experience with car accident cases in New York and New Jersey, which allows us to identify important issues early on and offer clients practical guidance from the start.

If you’ve been involved in an accident and have questions about your options, don’t hesitate to call us at (551) 300-2766 or leave us a submit an online form. We’re here to help you navigate the next steps with clarity and confidence.

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