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How Can Weather Affect Car Accident Injury Cases in Texas?
Car accidents happen regardless of the weather, with varying factors leading to crashes that have nothing to do with rain or ice. However, when the weather is inclement, the chances of an accident can increase because of the less safe driving conditions. In some cases, weather alone may be responsible for an accident. In many cases, however, there may be a combination of poor weather conditions and negligent driving by one or multiple drivers.
For example, suppose that winter weather has made streets icy. Someone may drive too fast or close to the driver in front of them, slide on the ice, lose control of their vehicle, and crash into other vehicles. This accident may not have been as likely to occur if the streets were clean and dry, even if the driver was still driving too fast or close to the preceding vehicle.
It’s vital to understand that even a sunny, dry day can affect drivers if sunlight is in their eyes or if reflected glare temporarily makes it difficult to see other drivers on the road around them.
What Effect Do Weather Conditions Have on Liability Claims in Motor Vehicle Accidents?
Weather conditions can have a significant effect on claims for motor vehicle accidents. Before looking at weather’s role, it’s a good idea to understand how negligence (a vital element of liability) is determined in Texas courts.
Negligence has four components, all of which must be proven for claims to succeed. The first is a duty of care, which means that people are responsible for acting in a way that demonstrates their awareness of and caution for others. The next is the breach of the duty of care, meaning someone violated that duty. Then, there’s causation, which must connect the breach of the care of duty to the accident and resulting injuries. Finally, there are damages, which can be physical injuries, property damage, financial losses (medical expenses, lost wages), and possibly pain and suffering.
An example of this is that drivers are expected to exercise reasonable caution when driving. One driver chooses to speed and, in doing so, breaches the duty of care. That driver hits another car and injures the other car’s driver, so it could be argued that by speeding (breach of duty of care), they’ve caused injuries and property damage to the car. The victim has medical and car repair bills that they would likely not have incurred if the first driver had driven at the speed limit.
Weather complicates this by adding unusual conditions to the drive, some of which the driver may be unaware of. However, drivers are expected to be aware of weather and road conditions. If either is bad, drivers should not go out. If they must, they should take additional precautions. It can be difficult for drivers to defend their driving in bad weather when it leads to an accident.
The weather could even be used against someone who caused an accident for the following reasons:
- They shouldn’t have been driving in the poor weather.
- They didn’t leave enough space between their vehicle and others on the road.
- They didn’t have their headlights on in cases of fog or heavy rain.
- They were driving at unsafe speeds, which may mean driving more slowly than the posted speed limit. Speed limits are meant for ideal driving conditions, not situations with bad weather that cause dangerous road conditions.
- Key vehicle mechanisms (such as tires or brakes) weren’t properly maintained and were not likely to work as well in bad conditions.
If you’ve been in an accident and the other driver tries to claim that only the weather was at fault, contact an experienced personal injury attorney for assistance.
What Evidence Is Needed in Weather-Related Motor Vehicle Accidents?
As in any personal injury case, evidence is needed to prove the claims. When weather is involved, there are some additional details that can help the case. If feasible, people involved in an accident should take photos and videos of the accident site.
When weather is a factor, those visual documents should show not just the crash but the weather (rain, fog, etc.), road conditions (ice, rain), or lack of them in the event the other driver tries to claim weather was at fault when it’s likely their driving was the cause.
What Is the Statute of Limitations for Filing Claims in Motor Vehicle Accidents in Texas?
A statute of limitations is how long someone has to file claims after an accident. If claims aren’t filed by the end of the statute of limitations, the likelihood of the victim being awarded damages is almost none.
In Texas, most personal injury cases, including motor vehicle accidents, are given two years from the date of the accident to file claims. However, the time frame may be greatly reduced if a government agency is involved (whether state, county, or city). Work with a personal injury attorney who can help you file on time.
What Should I Do if I Was Injured in a Car Accident During Bad Weather?
Call The Kahn Law Firm at 713-999-6549 for a free consultation. Personal injury cases can be highly complex, especially if bad weather is involved. Our team of experienced, knowledgeable personal injury attorneys knows how to approach these complexities to understand how they’ll affect the overall claims process. We can review the specifics of your accident and injuries and help determine an approach for the best possible outcomes.
