The weather in Dallas can be unpredictable, but that’s no excuse for a collision. Dallas drivers must adjust their driving behaviors, such as their following distance, to account for current road conditions. That includes adapting for bad weather. Drivers who don’t follow the law and cause a crash may blame the weather – but they are likely still liable.
Texas Law: Drivers Must Adjust for Weather Conditions
Texas law requires drivers to adapt when bad weather makes driving more hazardous. In particular, the Texas Transportation Code says drivers must keep an “assured clear distance” between themselves and vehicles in front of them. By law, a driver’s following distance must account for other vehicles’ speeds, traffic, and highway conditions. The rear driver must have enough room to slow down and stop without hitting the car in front of them or anyone else on the road.
Drivers who don’t adjust their actions in bad weather could be guilty of reckless driving. A reckless driving ticket is powerful evidence to demonstrate that a driver caused a weather-related accident.
Common Weather Conditions & Their Impact on Liability
Dallas sees all kinds of bad weather, from rain and fog to snow and ice. Each of these conditions requires drivers to adjust their actions. Drivers who don’t adjust might be liable if their actions lead to a collision.
Rain
Heavy rain reduces a car’s grip on the road. If drivers don’t slow down and take greater care when changing lanes or turning, their car might spin out of control and crash. In extreme cases, rain on the roads can cause a car to hydroplane.
Hydroplaning (also called aquaplaning) occurs when a car’s tires can’t disperse the water on the road as the car moves. When this happens, the car can lose all traction with the road, causing the vehicle to slide or spin wildly. Drivers who overreact when hydroplaning occurs can cause a crash if they jerk the steering wheel or slam on the brakes.
Drivers who don’t increase their following distances and make more careful maneuvers in the rain could be liable for a crash.
Snow and Ice
These same principles apply when there’s snow or ice on the road. Like heavy rain, ice and snow decrease a car’s traction, making it harder for drivers to maintain control and stop safely. Even when there’s sand or salt on the road to help cars stay in control, aggressive or sudden maneuvers can create a collision.
Driving in snowy or icy conditions can be especially challenging for Dallas drivers, as we don’t get much practice. However, drivers who don’t account for these winter weather risks and cause a crash are likely liable in a personal injury claim.
Fog
Though it doesn’t cause precipitation on the roads, intense fog can be as dangerous as rain, snow, or ice. Fog prevents drivers from seeing what’s happening on all sides, including behind them. Drivers must slow down in heavy fog to reduce the chances of a collision.
Unfortunately, inexperienced or careless drivers sometimes make fog-related crashes more likely by using their high beams. High beams reflect off the air particles in dense fog, creating glare that can further decrease visibility for drivers.
A driver who doesn’t slow down or turns on their high beams in foggy conditions can make a crash more likely. They may be liable if their actions lead to someone’s injuries.
How Weather Affects Texas Car Accident Claims
Weather conditions at the time of a crash – and whether a driver responded appropriately – can be critical in determining fault. Here are a few things to know about these collisions:
Driver Negligence vs. Unavoidable Accidents
A driver who crashes into another car in bad weather will likely argue that the collision was unavoidable. That’s not necessarily true, though. If the driver didn’t slow down or take other steps to reduce the chances of a crash, they could still be liable for any injuries or property damage they caused. The key to proving liability in these cases is to examine skid marks and other evidence to determine how closely a car was following and whether the driver had enough time to stop safely.
Comparative Fault in Texas
There are cases where two drivers involved in a weather-related crash might share liability. For example, if a driver slams on their brakes in heavy fog and the vehicle behind them is following too closely, both drivers might bear some blame for a subsequent accident.
The Texas comparative fault law applies in these situations. This law dictates that a driver can only recover compensation for a crash if their level of fault is 50 percent or less. It’s up to the drivers’ legal teams to closely review the evidence and prove which driver bears more blame for the accident.
Do You Have Specific Questions? Contact Our Law Firm Today
If you were injured in a car crash someone else caused because of bad weather, you may be owed compensation for your medical bills, lost wages, and other losses. However, the at-fault party’s insurance company will likely try to minimize their liability – even though drivers have a duty to drive safely under the weather conditions. An experienced car accident attorney can help fight against their tactics and demand the fair compensation you are owed.
Kraft & Associates, Attorneys at Law, P.C. has represented injured Dallas residents for over 50 years. We’ve handled countless weather-related car accident claims and know how to prove the other driver didn’t take proper precautions. We’re proud of the results we’ve achieved for our clients, and they respect our compassion and attention to detail. Here’s what one recent client said about their experience with us:
“We had an accident and the attorneys at Kraft & Associates handled the case very attentively and with kindness until the end.” – Beatriz R.
Let our team help you rebuild your life after a bad weather accident in Dallas. Call now at (214) 999-9999 or complete our contact form for a free consultation.
