Can I Still File a Claim After a Car Accident Caused By Bad Weather?

Texas is a state where drivers commonly encounter dangerous and severe weather. Indeed, according to a recent report from the Austin-American Statesman, Texas routinely ranks top in the nation for severe and extreme weather, including severe thunderstorms, hurricanes, hail, and flash floods. Across the country and especially in Texas, severe and extreme storms can be major causal factors in motor vehicle crashes.

Yet it is important to know that, when collisions do occur during dangerous weather circumstances, negligent driving often still plays a role in the crash. In other words, there is a strong likelihood that another driver’s careless or reckless behavior behind the wheel, given the inclement weather, was a causal factor in the crash. And as long as that motorist’s negligent driving in light of the conditions resulted in the driver being at least 50 percent responsible for the collision, you can hold that driver accountable by filing a lawsuit. Our Texas auto injury attorneys can explain in more detail.

Car Accident Lawsuits Based on Negligence

Most car or truck accident lawsuits in Texas are based on a theory of negligence. What that means is that the plaintiff — the injured person — files a lawsuit and alleges that the defendant — the other driver — is responsible for their injuries because of the defendant’s negligent behavior. To be clear, negligence cases do not involve proving fault. The opposite is actually true of negligence cases. In a case based on negligence, the defendant did not intend to harm the plaintiff, but their behavior was careless in such a way that they breached the duty of care they owed to others on the road.

In many types of car accident cases, a driver’s negligence may be more obvious. For example, the driver may have been speeding by driving at a rate beyond the posted speed limit, or the driver may have been texting while driving or driving while intoxicated. But in inclement weather, a driver can also be negligent even if they seem to be abiding by traffic rules. In a severe thunderstorm, for example, or in a storm where there is a risk of flash flooding, a reasonable motorist would slow down to a speed potentially well below the posted speed limit. If a driver does not change their driving to account for the conditions, they may still be negligent (and thus liable for harm in a collision) even if they are driving within the traffic regulations.

Recovering Damages After a Crash Involving Severe Weather

To determine whether a motorist was negligent during inclement weather, it is important to have a Texas personal injury lawyer assess the specific facts of your case to determine whether the motorist who caused the collision may be liable under a theory of negligence.

If the other motorist’s behavior did not properly account for the inclement weather, you may be able to seek both economic and noneconomic damages from that party by filing a personal injury lawsuit. Under Texas’s proportionate responsibility law, even if the inclement weather was one causal factor, as long as the defendant’s driving behavior was at the cause of the accident by at least 50 percent, they can be responsible for damages.

Contact a Texas Car Accident Attorney for Assistance with Your Claim

Were you injured in a car crash that occurred during severe weather? One of the experienced Texas personal injury lawyers at John Reed, Attorney at Law can speak with you today about filing a claim for compensation.

Sources:

statutes.capitol.texas.gov/docs/cp/htm/cp.41.htm

statesman.com/weather/article/severe-weather-texas-ranking-extreme-storms-21117778.php

​​statutes.capitol.texas.gov/docs/cp/htm/cp.33.htm