Texas has weather that is often changing, especially during this time of year when rain or even snow can come out of nowhere. If you are in a car crash on Texas roads during the winter months, it is a definite possibility that poor weather or conditions have played a role in the accident occurring. Consulting an experienced attorney well versed in these types of cases is a good idea, as sometimes it can be difficult to tell whether you have a case or not.
Bad Weather Can Be Deadly
Statistics from the Federal Highway Administration (FHWA) show very clearly that the risk of having an accident in poor weather is quite serious. “Weather-related” auto accidents in the years studied made up approximately 21 percent of all the crashes that occurred in the United States, and roughly 16 percent of the fatalities. Precipitation and wet pavement were the conditions that consistently impacted the highest number of traffic factors, both for drivers on the roads and for those planning around them. Examples include driver stopping distance and traction, but also traffic signal timing, road treatment strategy (to salt or not to salt?) and the like.
This may not sound like much, but the data averages out to a significant loss of life and overall casualty count, with over 5,000 killed and over 410,000 injured per year. That is a serious amount of potentially avoidable injury, with countless hours of productivity lost. Employers find their workforce tied up at one of the busiest times of the year in many industries. It is incumbent on every driver to exercise due caution when on the road in these types of conditions – however, many simply do not, and if you are injured by one of them, you may be able to make them regret it.
If you have been injured due to someone else’s reckless or negligent conduct, you may have a case against them in negligence to try and recoup some of your medical costs. Negligence cases can be somewhat complex, especially since the concept can be subjective – in other words, conduct that might be totally appropriate in one situation can be held to be negligent in another. Still, Texas does observe certain laws and rules around trying to hold another person liable for their negligence, and sometimes that burden can be a difficult one to meet.
Generally, Texas law requires that four things must be shown in a negligence case, in order for the defendant to be held liable. A duty of care must be shown to exist between the plaintiff and the defendant – in Texas, this is assumed between motorists; in other words, all motorists on the road must exercise reasonable care in dealing with each other. That duty must be shown to have been breached. You must have suffered harm due to the breach of duty, and you must be able to show that the breach of duty was caused by the defendant’s actions, and only by the defendant’s actions. You may be found to be somewhat liable, but as long as you are not found to be more than 50 percent at fault for your own injuries, you should still be able to recover.
Call a New Braunfels Accident Attorney Today
Bad weather can take lives, and it is important to be prepared for all eventualities on the road. If you are injured in an accident due to someone else’s negligence, calling a knowledgeable attorney who understands these cases can help the process seem a little less intimidating. The dedicated New Braunfels car crash lawyers at the Bettersworth Law Firm have weathered a lot of Texas storms, and we are happy to try and sit down with you to determine the best course of action for you and your family. Call our office today at 888-392-0039 to schedule a free consultation.