Texas is known for its unpredictable and sometimes extreme weather. Our state is large enough to have several climate zones, so drivers have to be ready to handle almost anything. When an accident occurs during inclement weather, does this affect who is responsible for the accident?
Yes, weather can affect liability in Texas car accidents. Here, we’ll cover a few ways the law takes weather into account.
Understanding Liability in Texas
Liability for injuries or other damage caused by a car accident comes down to who is at fault for the crash. In Texas, the rule to determine who is at fault is called “modified comparative fault.”
That means two things for drivers: First, if you are more than 50% at fault for a crash, you can’t collect damages. Second, let’s say you’re less than 50% at fault and can collect damages. In that case, however much fault is assigned to you, your recovery is reduced by that percentage.
How Does Weather Fit In?
First, you should note that bad weather will not, by itself, absolve a driver from liability. All drivers are required to operate their vehicles in a safe manner under all conditions.
What Is Safe Driving?
Safe driving means something different in a thunderstorm than it does on a clear day. Whether you’re dealing with ice, fog, rain, hail or high winds, you’re expected to drive safely.
People often assume that going the speed limit or below means they’re driving safely. But, in certain conditions, that could still be too fast for safe driving. Similarly, driving with no headlights on is fine at noon on a sunny day. But it could mean a driver is found negligent if heavy clouds and precipitation are in play.
How Is Fault Determined?
If you’re operating your vehicle appropriately, and another driver is not, the fault could lie entirely with the other driver. However, you may also be at fault, depending on the weather and the actions you took.
If you were in a car crash, no matter the weather, you should reach out to an attorney. Your attorney can look at the facts of your accident and let you know whether you may have a personal injury case. To prove the other driver was at fault, your attorney would consider what was safe for the conditions at the time of the accident.
Shared Liability
Bad weather can increase the likelihood that drivers will share the blame for a crash. If the weather is so extreme that any kind of driving is unsafe, every driver on the road could be guilty of negligence. Something like black ice can trip up driver after driver, leading to multi-car accidents where everyone has fallen into the same slippery trap.
Shared liability can complicate a car accident case, making the determination of fault and proper compensation more difficult. Weather can be a complicating factor. These issues require the assistance of a personal injury lawyer who understands Texas law.
The Fell Law Firm Can Help You
Whatever the cause of your accident, having an experienced attorney on your side is vital. At The Fell Law Firm, our Texas personal injury attorneys know how to help you maximize your recovery. Contact us online or call 972-450-1418 to schedule a consultation.
