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If the Weather is Bad, Is the Car Accident Still My Fault?

18 October 2017No Comments

Car under Heavy Rain

Car accidents occur in excellent weather conditions and adverse weather conditions. In some case, weather condition can be a contributing factor to a car accident.  For example, rain or ice can make roads slippery, and fog can reduce visibility. However, simply because a car accident occurs in bad weather conditions does not mean that no one is to blame for the crash. In many cases, driver error is the cause of the wreck or a contributing factor to the cause of the wreck.

It is very important to work with a Corpus Christi car accident attorney if you have been injured in a bad weather car accident. Inclement weather is hazardous for all drivers, but the weather is not an excuse for causing an accident because of negligent or reckless driving.

Was the Driver Taking the Proper Precautions?

When driving during inclement weather conditions, you must take precautions by adjusting your driving to fit the conditions. Some precautions that a driver should take when driving in bad weather include:

  • Turning on the vehicle’s headlights and/or hazard lights to increase visibility;
  • Slowing down and allowing additional space between vehicles;
  • Keeping focus on the road and the task of driving instead of talking on a cell phone, texting, etc.; and,
  • Pulling over if the weather is too severe to operate a vehicle safely.

Unfortunately, many drivers continue to use the same poor driving habits during bad weather as they do at other times. When driver error contributes to the cause of a crash, that driver can be held liable for damages if you can prove the driver’s negligence. Common errors that can lead to accidents during bad weather include:

  • Speeding
  • Following too closely
  • Weaving in and out of traffic
  • Drowsing driving
  • Driving while impaired by drugs or alcohol
  • Distracted driving
  • Failing to yield the right of way
  • Failing to use headlights and turn signals

If you can prove that the driver’s behavior contributed to the crash, you can recover compensation for damages including damage to property, cost of medical care, loss of income, pain, and suffering.

Proving Liability in a Bad Weather Accident Claim

We take the same steps to prove liability in a weather-related accident as we do in any other accident case. Our attorneys examine the evidence at the accident scene, interview eyewitnesses, review medical records, and hire experts to help recreate the crash if fault is still in question at the conclusion of our investigation. If the driver failed to adjust his driving and take extra care in consideration of the inclement weather conditions, that driver is negligent and should be held accountable and liable for his actions.

Do Not Deal with The Insurance Company Directly

Insurance companies may try to blame the poor weather conditions for the accident. If their driver is at fault, they might also try to blame you for driving behaviors that contributed to the crash. The insurance company will look for any excuse to deny your claim or lower the amount it must pay to settle your claim. Poor weather conditions are an excellent excuse to use, even though it is not always a valid excuse.

Instead of dealing directly with an insurance adjuster who is not looking out for your best interest, you can work with an experienced Corpus Christi car accident attorney who understands these tactics and the laws related to accidents caused in part by weather conditions. Let our attorneys look out for your best interest while you focus on recovering from your injuries.

Contact a Corpus Christi Car Accident Attorney

Call The Bandas Law Firm, P.C. at (361) 541-6413 for a free consultation at your convenience 24/7. You can also obtain more information by using the contact form on our website. We are based in Corpus Christi, but we represent individuals throughout the United States.

Posted Under: Car Accidents