Changing weather or road conditions requires motorists to change their behaviors to keep themselves (and others) safe. Whether it is a downpour, fog, or a crew of workers on the side of the roadway, drivers must remain alert to the factors that can make driving more difficult and dangerous. When those dangers are heightened, drivers must take extra precautions than what they may exercise on a clear roadway on a sunny day.
If you or a loved one was injured or a family member passed away because a motorist did not correctly adapt to road conditions, an Austin car accident lawyer from Loncar Lyon Jenkins can review your case. If your accident was caused by changing weather or road conditions, our lawyers can help you seek the compensation you may be entitled to.
Weather and Road Conditions Are Ever-Changing
The National Weather Service (NWS) summarizes the climate in Austin, making clear that those who drive in the city must be aware that the weather can change at any moment. The NWS’ findings note that:
- Weather conditions can vary significantly from one region of Austin to another due to the city’s topography
- Austin receives about 34 inches of rainfall per year
- Temperatures can reach below freezing during winter, and winds may be more significant in the winter months
In other words, drivers in Austin must be prepared for the weather to change and must know how to adapt their driving in inclement conditions. Beyond weather, Austin is subject to other changes in road conditions. These changes could include:
- The presence of work crews on or near the road
- Police officers who have pulled over other vehicles or are fulfilling other duties on the side of the road
- The presence of potholes and other structural defects in the road itself
- Objects that have fallen out of or off of other vehicles
- Glare caused by the position of the sun
- Changes in traffic patterns
While driving may seem mundane for those who engage in it frequently, road conditions are never precisely the same. Many variables can contribute to an accident. These include:
- Drunk drivers
- Negligent drivers
- Drivers not obeying the speed limit
Motorists are responsible for remaining vigilant and adjusting their driving to changing road conditions, including weather. Responsible drivers should know how these changes affect their driving and learn to adjust when necessary.
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Poor Weather Conditions and Bad Weather Demand Precaution
The Texas Department of Transportation (TxDOT) provides statistics about how weather conditions correlate with motor vehicle accidents. Some steps that motorists should take amidst changing road conditions are:
- Reducing speed
- Increasing the distance from the vehicle in front
- Using headlights and hazard lights as appropriate
- Using windshield wipers, de-fogging tools, and other safety-related features as necessary
- Keeping attention entirely on the road
- Finding a safe place to pull off the road if they are not confident that they can operate their vehicle safely
A motorist may have failed to take these steps in adverse road conditions and may have injured you or a loved one because of their failures. Excessive speed, driving under the influence of alcohol, or the influence of drugs may have also contributed to the crash.
Your Austin Car Accident Lawyer Will Seek Fair Compensation
Motorists who do not appropriately adjust to changing weather or road conditions may be negligent if they caused an accident. The American Bar Association (ABA) explains that a motorist may be negligent if they did not act as a reasonable person would have under the same conditions—that is, if they did not take necessary precautions amidst said changing conditions.
Your lawyer can help you decide whether an insurance claim against the at-fault driver’s insurance company or a lawsuit is the most appropriate means of seeking compensation for your losses. If you choose to file an insurance claim, then your lawyer will:
- Handle communications with the insurance companies
- File your claim
- Try to seek a fair settlement
If you bring a lawsuit initially or after attempting to secure an insurance settlement, then your lawyer may:
- Calculate the value of all losses that could be covered through a lawsuit
- Identify all parties who have liability for your losses
- Collect evidence, including police reports from the accident scene
- Document your injuries and medical care
- Handle administrative aspects of your lawsuit, such as filing documents and making court appearances
- Negotiating a settlement
- Defending your rights
Completing a personal injury claim or lawsuit could be prolonged and complex. You may benefit significantly from having a lawyer handle these processes. Your lawyer may be familiar with relevant statutes and may have handled similar claims and lawsuits to yours.
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Your Lawyer Will Seek Fair Compensation After Your Austin Accident
Your auto accident lawyer’s goal will be to secure the compensation you deserve from at-fault parties in your auto accident. Every accident victim’s losses are unique, so your lawyer will review all available evidence and documentation to prove all the losses you have suffered.
Some of the damages that you may have already suffered (or could suffer in the future) are:
- Lost income
- Pain and suffering
- Medical expenses
- Diminished earning capacity
- The cost of damage to your vehicle
- The cost of temporary transportation
- The cost of care for psychological or emotional distress
- The costs of losing a loved one
Your lawyer will work with you to determine all the adverse outcomes of your accident. They will then seek compensation for those losses.
Your Car Accident Lawyer Will Make Sure Your Case Is Filed on Time
In Texas, the statute of limitations for filing a personal injury claim in civil court, including car accident claims, is two years from the accident date. This means that if you are involved in a car accident in Austin, you have two years from the accident date to file a lawsuit against the at-fault driver to recover compensation for your medical bills, lost wages, car repairs for vehicle damage, and other expenses.
It’s important to note that if you miss this deadline, the court could dismiss your case, and you will be unable to recover compensation through a legal claim. However, this rule has some exceptions, depending on the situation. Your lawyer will make sure that all paperwork is filed on time so that you meet all deadlines related to your case.
Call Loncar Lyon Jenkins Today
By calling Loncar Lyon Jenkins, you are calling in the Strong Arm to fight your case for compensation after your Austin auto accident. We will make pursuing justice for you or your loved one our mission.
Call Loncar Lyon Jenkins today at to learn more about the benefits of hiring an Austin accident caused by failure to heed changing weather or road condition lawyer.