When icy roads, freezing rain or other bad weather hits Texas they cause a spike in car wrecks. Weather isn’t something drivers can control but it can impact car wreck claims. Understanding how weather plays into liability and insurance can help accident victims protect themselves.
Freezing Weather and Ice on the Roads
Freezing weather makes the roads treacherous. Black ice, snow and sleet reduce traction and increase stopping distances and the risk of skidding. In Texas where winter storms are rare drivers are not prepared for icy roads. This lack of preparation causes wrecks from minor fender benders to multi car pileups.
Who’s at Fault in Weather Related Car Wrecks
Determining fault is important in any car wreck claim but weather related wrecks add an extra layer of complexity. Drivers are expected to adapt to bad weather by slowing down and maintaining a safe distance. Not doing so can still be negligence even in bad weather. Courts and insurance companies will look at whether the driver acted reasonably for the conditions.
For example:
- Speeding in icy conditions makes a driver liable.
- Not following traffic signs or road signs may be fault.
- A driver who doesn’t clear snow or ice from their vehicle may obstruct visibility and cause an accident.
In some cases multiple parties may be at fault. One driver’s inability to stop on ice may not excuse another driver who didn’t take proper precautions.
How Insurance Companies Handle Weather Related Claims
Insurance companies will try to blame weather related accidents on “acts of God” and minimize liability. But this doesn’t automatically mean the driver is off the hook. Comprehensive coverage includes damages caused by weather such as sliding into a barrier on ice. If another driver was negligent and contributed to the accident their insurance should cover damages.
Key points to consider:
- Comprehensive coverage for weather related damages.
- Liability claims need evidence of another driver’s negligence.
- Disputes when insurers claim the accident was unavoidable.
Strong evidence and legal advocacy is often needed to counter these arguments.
How to Strengthen Your Weather Related Car Wreck Claim
Gathering evidence is crucial in weather related claims. Here are some steps to take:
- Photos: Take photos of the accident scene, focusing on the icy areas or snow on the road.
- Witness Statements: Get contact info and statements from witnesses who saw the wreck.
- Police Reports: Use the police report that notes the weather conditions.
- Weather Data: Use historical weather records to support the claim of bad weather.
Comparative Fault in Texas Car Wrecks
Texas is a modified comparative fault state. This means victims can recover as long as they are not more than 50% at fault. Their damages will be reduced by their percentage of fault. For example, if the claimant is found 30% at fault, they will get 70% of their total damages.
In weather related wrecks insurers will often say the victim is partially at fault. A good attorney can counter that by pointing out the other driver’s negligence.
How to Avoid Accidents in Bad Weather
Some accidents are unavoidable but drivers can take steps to minimize the risk:
- Drive slower than normal on icy or wet roads.
- Increase following distance to allow for stopping time.
- Make sure your tires have good tread and windshield wipers are working.
- Avoid sudden movements like braking or steering which can cause you to skid.
How to File a Claim After a Weather Related Wreck
Filing a claim involves several steps. First contact your insurer and report the accident as soon as possible and provide as much detail as possible. Then consult an experienced car wreck lawyer who can evaluate your case, gather evidence and negotiate with the insurers for you. Document all medical expenses related to the wreck and don’t admit fault when talking about the accident.
Why You Need an Attorney for Weather Related Car Wrecks
Trying to figure out a weather-related car wreck claim can be daunting. But an experienced car wreck attorney can:
- Investigate the wreck to find negligence.
- Gather and present evidence to support your claim.
- Negotiate with insurance companies for you.
- Represent you in court if needed.
Bottom Line
Bad weather and icy roads can make car wreck claims more complicated but knowing the process and your rights can make all the difference. If you were in a weather-related car wreck, get legal help. Contact Attorney Omar Khawaja today for a FREE consultation.