Weather Issues and Car Accidents

KTRK-TV reported that at least two people were killed in motor vehicle accidents around Houston during a weekend of rainy weather last month. One fatal two-vehicle crash occurred on the North Freeway at North Main and another person was killed in a wreck on the East Loop at Clinton Drive.

As we enter the winter months in Texas, snow is not particularly common in Houston, but rain, wind, and other adverse weather conditions will likely still be an issue. 

Car accidents almost always involve more than one causal factor. Often, a combination of negligent driving, poor weather, poor road conditions, and other issues lead to a serious car crash.  

Collisions Involving Adverse Weather

Texas law allows individuals to seek financial restitution for medical bills and other damages when another party’s negligence causes them harm. If someone is injured in a car crash caused by another driver’s negligence, the injured person may be able to file a claim for damages like medical bills and lost income. Distracted driving, intoxicated driving, speeding, failure to yield, and unsafe lane changes are just some of the ways a driver may act negligently behind the wheel. 

However, when the weather is poor, an at-fault driver may try to avoid legal and financial culpability by blaming the weather conditions. If a car crash involves both negligence and inclement weather conditions, the injured person may have a difficult time recovering compensation. 

Liability in weather-related crashes can be especially complicated. Injured car crash victims should work with a car accident injury attorney with ample experience in complex personal injury cases. The attorney will have the tools and resources to investigate the crash thoroughly. Drivers are expected to modify their driving behavior to account for poor weather. For example, if it is raining heavily, drivers should keep extra space between their vehicles and the vehicle in front of them. This will reduce the chances of a rear-end collision caused by hydroplaning. 

A skilled attorney will be able to assess factors like these and use evidence to build a compelling case for damages.

1. Who Is Liable If A Car Accident Happens During Poor Weather?

Answer: Drivers are still responsible for operating their vehicles safely, even in rain, fog, or wind. If they fail to slow down, increase following distance, or adjust their driving, they may still be found negligent.

2. Can A Driver Blame The Weather To Avoid Liability?

Answer:At-fault drivers sometimes try to shift blame to the weather. However, Texas law requires drivers to account for conditions. If negligence played a role, they can still be held financially responsible.

3. What Types Of Injuries Are Common In What Types Of Negligent Driving Behaviors Are Especially Dangerous In Bad Weather?

Answer: Speeding, tailgating, distracted driving, failing to yield, unsafe lane changes, and intoxicated driving become even more hazardous in rain or wet roads and often lead to crashes.

4. What Evidence Can Prove Negligence In A Weather-Related Crash?

Answer: Police reports, witness statements, traffic camera footage, black box data, and expert accident reconstruction can all help establish that a driver failed to drive safely for the conditions.

5. What Compensation Can Victims Recover After A Weather-Related Accident?

Answer: Victims may be entitled to damages for medical expenses, lost income, property damage, pain and suffering, and in fatal cases, wrongful death benefits for surviving family members.

6. Do Insurance Companies Handle Weather-Related Crashes Differently?

Answer: Yes. Insurers may argue the crash was unavoidable due to the weather. Having an attorney ensures negligent behavior is properly highlighted and full compensation is pursued.

7. How Long Do I Have To File A Claim After A Weather-Related Crash In Texas?

Answer: Generally, victims have two years from the date of the accident to file a lawsuit. Taking action quickly preserves evidence and strengthens your case.

Contact a Houston Car Accident Lawyer for a Free Consultation

Did you suffer severe injuries or was your loved one killed in a bad weather car accident in the Houston area? You will want to seek the help of a Harris County car accident attorney at Law Office of Shane R. Kadlec in pursuing all of the financial compensation you are entitled to.

Our firm can immediately commence an independent investigation into your crash and do everything we can to help you seek the compensation you need and deserve. You can call 281-643-2000 or contact us online today to arrange a free consultation. 

Source:

https://www.tdi.texas.gov/tips/five-tips-for-winter-driving.html