Can Bad Weather Impact a Texas Car Accident Claim?

Car accidents happen within seconds, and many occur during normal weather. Inclement weather makes road conditions hazardous. Sunshine can also cause dangerous conditions impacting your visibility. Rain, ice, and snow make slippery roads causing drivers to lose control. Since we cannot control the weather, many accident victims assume they cannot get compensation for their losses. Insurance companies can handle claims involving weather. You should discuss your options with a car accident lawyer in Houston from The Doan Law Firm PLLC. 

Liability for Weather-Related Car Accidents 

The at-fault driver will immediately begin to blame the weather, but they are still responsible for their actions. Drivers should stay off the road when weather conditions are too hazardous. If there are inclement weather warnings and the driver chooses to be on the road, they must take extra precautions. Some of those actions include:

• Driving an unsafe speed for prevalent weather conditions
• Using hazard lights
• Pulling over when visibility is low 

However, to get compensation, you must prove the driver’s negligence. When your car accident lawyer reviews the evidence, they will look for negligence like:

• Turning too fast on slippery roads
• Disregarding the weather warnings
• Driving at unsafe speeds
• Worn or bald tires 
• Failing to leave enough distance 
• Not using headlights 
• Faulty brakes  
• Inoperable windshield wipers

Driving behaviors that are unacceptable during normal weather conditions are also evidence of negligence, most often that can entail distracted or intoxicated driving. 

Evidence in Weather-Related Car Accidents 

Regardless of the contributing factors, evidence will be essential to proving your case. Photos and videos are critical pieces of evidence. These can show the weather at the time of the accident. It can also reveal what the diver was doing at that time. Eyewitness testimony is also vital to proving your case. A car accident attorney can collect additional evidence like:

• Police reports
• Weather reports
• Witness testimony
• Medical documents 

The more evidence you have, the stronger your case. We work diligently to find all relevant pieces of evidence for your claim. 

Damages You Can Recover 

In Texas, you must be less than 50% at fault for your accident. If you are, then you can seek damages. You must prove you suffered injuries, the percentage of fault, and the number of losses. While it sounds simple, the insurance company will shift blame and try to find a loophole so they do not pay you. When you partner with a Texas personal injury lawyer, we will determine the damage you can seek. Some of those can include:

• Lost wages
• Lost earning capacity 
• Current and future medical expenses 
• Mental anguish 
• Disfigurement 
• Permanent disability 

These and other damages can help you get the money you deserve after a car accident. Do not let the weather deter you from filing a claim. 

Seek Legal Advice After a Weather-Related Car Crash

The weather is unpredictable, but all drivers should know how to adapt to the weather. While you have taken these precautions, other divers do not, leading to accidents. You should recover your losses through a car accident claim. Discuss your options with The Doan Law Firm PLLC by completing our contact form.