Who Is Potentially Liable? What Must You Show to Recover Damages?
Statistics consistently show an uptick of car, truck and motorcycle accidents during bad weather surges. What are your rights if you have been hurt in a collision during a blizzard, snowstorm or other bad weather event? Can you still seek damages if the weather caused or contributed to the crash?
A Significant Number of Motor Vehicle Accidents Are Weather-Related
According to data compiled by the Centers for Disease Control (CDC), about one in every five motor vehicle accidents across the United States every year involve some type of inclement weather, with rain contributing to about 75% of all weather-related crashes.
Your Rights When You Are Hurt in a Motor Vehicle Accident during a Bad Weather Surge
Though you can always bring a personal injury lawsuit based on the intentional acts of another person, most injury claims are based on a legal theory of negligence. When determining whether a party was negligent, the judge and jury will look at whether his or her actions were reasonable “under the circumstances.” Accordingly, when evaluating whether a person’s conduct was reasonable, the jury will specifically assess whether it was reasonable given the inclement weather. Should the person have slowed down or maintained more distance from other vehicles. Was it unreasonable for the person to be driving at all under the circumstances? The courts rarely find that an accident, even if precipitated by bad weather, was an “act of God,” absolving all parties from liability. Accordingly, if you have been hurt in a crash during a bad weather surge, you may be able to obtain compensation, provided you can show that the defendant’s conduct was unreasonable under the circumstances.
Let Us Help Protect Your Rights after a Texas Motor Vehicle Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people who have been hurt in any type of car, truck or motorcycle accident in the Lone Star State. We have a comprehensive understanding of the things that need to be done to help you maximize your recovery. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Car and Truck Accident Claims Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma