Can bad weather affect your injury claim?
How Weather Affects Your Car Accident Claim in Texas
What kind of weather you will experience in San Antonio and across the state can change suddenly at any given time. Hail, fog, heavy rain, you name it — Texas drivers deal with it.
Just because we routinely deal with inclement weather in Texas doesn’t mean that drivers are particularly good at navigating it. Accidents tend to spike during inclement weather, and this often leads to drivers blaming the road conditions for the accident.
The driver that caused the accident is still responsible for paying damages, even if weather conditions were poor at the time of the accident. There are only a few exceptions to this rule, which we will cover below.
What Counts as Inclement Weather?
The TxDOT’s report for 2023 lists 7 major weather conditions that contributed to traffic accidents in Texas:
- Blowing Sand/Snow — Contributed to 142 accidents.
- Fog — Contributed to 1,968 accidents.
- Rain — Contributed to 42,511 accidents.
- Severe Crosswinds — Contributed to 197 accidents.
- Sleet/Hail — Contributed to 1,504 accidents.
- Snow — Contributed to 385 accidents.
- Clear/Cloudy — Contributed to 509,402 accidents.
Essentially, any weather conditions that make visibility low or the roads hazardous are considered inclement weather conditions in the context of auto accidents.
When Can Weather Cause an Auto Accident?
Most of the time, carelessness in poor weather is what causes auto accidents. Drivers have a responsibility to change their driving behavior to match the conditions of the road.
However, there are a few cases where weather actually does cause an accident, and the accident is completely out of the driver’s control. This is very rare and includes cases like:
- Flash Flooding: Sudden rising flood waters can push vehicles into each other or into an object, causing damage or injury.
- Tornados: Sudden heavy winds from tornados can lift/push vehicles into traffic or objects, causing damage or injury.
- Severe Crosswinds: Sudden heavy crosswinds can push vehicles into traffic, leaving the driver no time to respond.
An important note: If the driver knew about the adverse conditions and chose to drive anyway, it may be difficult to claim an “Act of God” defense.
How is Fault Determined When Inclement Weather is Involved in a Car Accident?
The factors that are considered for any accident are unique since every accident is different. However, there are a few factors that lawyers look for when determining fault in inclement weather in most cases.
- Driver Behavior — Did the driver adjust to the poor weather conditions? Were they speeding, driving distracted, following too close, etc.?
- Road Conditions — Did poor road conditions caused by lack of maintenance or construction contribute to the accident?
- Traffic Signals — Did the driver(s) ignore traffic signals or signs or disregard any rules of the road?
- Police Report/Witness Statements — Do police reports about weather conditions, road conditions, and eyewitness statements match what the drivers described about the accident?
Both drivers often bear some fault in inclement weather accidents. The extent to which you contributed to an inclement weather accident will directly affect whether you are able to collect compensation for your injuries.
Injured in a Car Accident in Bad Weather? Call Shaw.
Liability can get complicated when inclement weather is involved in a car accident. Fortunately, you can talk to a Carabin Shaw attorney about your case for free.
If you were hurt in an inclement weather accident in Texas, you could be entitled to compensation for things like:
- Ambulance Costs,
- ER Treatment,
- Surgeries,
- Medical Bills,
- Pain and Suffering,
- Property Damage,
- Missed Work,
- Wrongful Death,
- And More.
We can help you find out for free.
Call Shaw at 800-862-1260 today or use the live chat to schedule your free case evaluation with one of our car accident attorneys. No fees, no obligations, just expert legal advice. We put our clients first because we care. We look forward to serving you.
¹TxDOT inclement weather report