Bad weather does not dismiss a driver’s responsibility to drive safely. In fact, weather conditions increase the standard of care that drivers have to operate in a way that minimizes the risk of auto accidents. If a driver fails to perform correctly in dangerous weather, he or she can be held liable or financially responsible for a related car accident. Make sure to consult a personal injury attorney in San Antonio for legal guidance and support.
What Are the Most Dangerous Weather Conditions for Drivers in Texas?
Drivers in Texas can be put at risk by many dangerous weather conditions, from sudden storms to extreme winter weather. According to the Federal Highway Administration, “rain or mist” is responsible for the highest number of motor vehicle crashes in the U.S. (73 percent), followed by freezing precipitation (21 percent).
The most dangerous atmospheric conditions for drivers in Texas include:
- Rain, standing water and flooding
- Fog, mist or smog
- Snow, ice and sleet
- High winds and crosswinds
Adverse weather can lead to slippery roads, low visibility and changes to a vehicle’s performance, such as an engine overheating and tire pressure problems. Drivers need to be aware of these hazards and alter their driving behaviors accordingly.
Drivers’ Duties During Weather Events
Bad weather comes with a special set of responsibilities for motor vehicle drivers. Motorists have a duty of care to adjust their driving habits based on changing roadway situations. If the weather takes a turn for the worse, a driver must adapt to reduce the risk of a car crash.
A driver’s responsibilities typically include:
- Turning on headlights or daytime running lights
- Using windshield wipers
- Reducing speeds (even to below the speed limit)
- Maintaining greater following distances
- Applying the brakes earlier
- Avoiding sudden lane changes
- Paying attention to a vehicle’s warning signs and signals
Under Texas’s fault law, the person responsible for causing a crash must pay for a victim’s medical bills, property damage and other losses. If a driver fails to follow proper safety precautions or drives recklessly in poor weather, his or her auto insurance can be used to pay for damages.
Proving Liability for a Car Accident in Bad Weather
Texas’s comparative negligence law still applies to cases involving bad weather. This law can reduce a victim’s financial recovery if he or she is found to have contributed to the crash. A settlement or judgment will be diminished by a value equal to the victim’s percentage of fault. If the victim is found to be 51 percent or more to blame, however, financial recovery will be barred.
The existence of bad weather can shift liability away from a driver. If the evidence shows that the driver made a reasonable effort to drive safely, but the weather condition was sudden or severe and an accident could not be avoided, the driver may not be 100 percent liable. However, it is rare for bad weather to eliminate liability entirely.
Finally, it may be possible to hold the owner of the road partially responsible for a crash involving dangerous weather. If the government failed to remedy an issue such as a road that easily floods, for example, this could point to governmental liability for a hydroplaning accident. If you get hurt in an accident involving bad weather, an experienced car accident attorney in San Antonio can investigate to determine the cause and name the liable party or parties.