In most cases, drivers are still responsible for their actions and any accidents they cause in bad weather or during a natural disaster. If a driver fails to drive carefully and follow all traffic laws, they will still be responsible for a crash regardless of the weather or other factors.
A Dallas Car Accident Lawyer from Loncar Lyon Jenkins handles accident cases regularly where the crash occurred in bad weather. We help injured parties and those who lost someone in a collision recover compensation for their expenses and losses. This includes building a case against the at-fault driver or another liable party despite bad weather or natural disasters.
How Do Bad Weather and Natural Disasters Affect Crash Liability?
Bad weather and natural disasters can greatly increase the risk of a collision and crash injuries. Many types of weather disasters can affect visibility, the ability to stop quickly, and the ability to maintain control of a car. This includes:
- Fog, dust, and reduced visibility
- High winds
- Heavy rain
- Flooding and standing water
- Tornadoes and debris
- Snow or ice
When any of these conditions are occurring, drivers must slow down and pay careful attention to what they are doing. If they fail to do so and act negligently, they will likely be liable for any crash that occurs. This means they, through their insurance carrier, will need to pay for the injuries and damages suffered by any victims.
Are There Exceptions to This Rule?
Sometimes, something occurs and causes injuries that the insurance companies—and a jury hearing the case at trial—might consider an act of God. For example, imagine a tree falls on the roadway and strikes several cars. A storm took the tree down. Who is at fault? It is certainly not the fault of either injured driver!
There might also be cases where a third party is liable. For example, imagine no one cleared storm drains before heavy rain, and a car hydroplaned on the standing water. The driver might share liability with the municipality, or another party tasked with keeping the road safe for traffic.
How Do I Know Who Is Liable for My Bad Weather or Natural Disaster Car Crash?
The best way to better understand your legal options after any collision is to consult with a car accident lawyer. This is especially true when the case is complex, such as when bad weather or a natural disaster might play a role. In general, the driver whose carelessness or recklessness caused a collision is liable. However, it is not always clear-cut.
Most car accident attorneys provide free consultations for those injured in a collision. They will assess the case facts and help you identify the potentially liable parties. They may identify how the other driver acted negligently and build a compelling case against them. On the other hand, they might determine that a third party caused or contributed to your crash. It will depend entirely on the circumstances.
Car accident cases hinge on the ability to show that negligence occurred. There are four elements necessary to document negligence:
- The accused party owed a duty of care
- They breached that duty
- This breach caused the collision
- The victim suffered harm: physical, emotional, and/or financial
When a driver runs a red light, they are negligent. This is true regardless of the weather conditions. If the street is wet, they should drive slower and brake sooner to account for the wet streets. They have a duty, based on traffic law, to stop at the light and a failure to do so is likely to cause a crash. A car accident attorney can gather evidence to document what occurred and present it to the at-fault driver’s insurance carrier to recover fair competition.
Recovering Damages After a Collision in Bad Weather
Recovering damages based on a driver’s negligence in a bad weather crash can be more difficult than if the weather had been good. The insurance company might try to blame a third party or deny that their policyholder acted negligently. A personal injury lawyer helps crash victims develop a compelling case to prove otherwise.
The expenses and losses we can often cover for our clients through a negotiated settlement or court award could include:
- Present and future medical treatment and care
- Ongoing support costs
- Income losses caused by missed work
- Reduced ability to work and earn due to lasting injuries
- Vehicle repairs and other property damages
- Miscellaneous expenses with documentation
- Pain and suffering losses
The damages available in a wrongful death case are somewhat different, and our firm can help you pursue any applicable damages.
What Should I Do If I Was Hurt in a Bad Weather or Natural Disaster Accident?
If you were hurt in this type of crash, contact a car accident attorney as soon as your injuries allow. Under Texas Civil Practice and Remedies Code § 16.003, you might have up to two years to sue the at-fault parties. However, the sooner our investigation begins, the stronger the case may be.
Our attorneys handle these cases for clients all the time. We know what it takes and how to build a compelling case. We work based on contingency, so you will not pay any upfront fees for us to start on your case.
Our Lawyers Are Ready to Help You After a Texas Car Accident in Bad Weather
Loncar Lyon Jenkins provides free initial consultations for car accident victims in Texas. We will assess your options and explain how our lawyers can help. We often meet crash victims virtually if they cannot come to one of our eight offices: Dallas, Houston, El Paso, Lubbock, McAllen, Wichita Falls, Odessa, and Tyler.
Call in the Strong Arm. Contact us today to get started.
