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Accident Victims Should Anticipate Defenses in a Texas Weather-Related Accident Claim

pexels-blue-ox-studio-1686961-300x225Everyone has heard a friend or loved one jokingly claim that everyone forgets how to drive when it rains. However, inclement weather or slippery and wet conditions can be a major danger to motorists, especially if there are many cars on the road. Every driver knows that when weather conditions are poor, driving with extra caution is crucial to ensuring your safety and the safety of others. Unfortunately, even with the utmost of caution, sometimes accidents inevitably happen.

In a recent news report, a tragic weather-related car accident left two Texans dead and one injured. The young driver and her passenger were both killed when their vehicle was hit head-on by a pick-up truck. According to officials on the scene, the pick-up truck was driving when it began to hydroplane and was sideswiped by another large vehicle, causing the pick-up truck to hit the deceased’s vehicle head-on. The driver of the pickup truck was taken to a local hospital on an ambulance because an air ambulance and helicopter was unable to fly due to the inclement weather. Officials on the scene reported that the accident was both a result of the weather and because of the hydroplaning of the responsible party’s pick-up truck.

In Texas, the weather is notoriously unpredictable. If you are involved in a vehicle collision, there are certain legal defenses that you should be aware of before initiating a claim.  Some potential main defenses include:

  1. Unavoidable Accident
  2. Sudden Emergency
  3. Act of God

When dealing with an unavoidable accident, this defense is often invoked to evaluate whether a physical condition or circumstance such as rain, wet pavement, fog, or obstruction of view caused the accident rather than the individual’s negligence. If the responsible party was exercising the precautions that an ordinary person in their position would have and the accident occurred anyway, the driver may not be responsible.

With a sudden emergency in Texas, when an unexpected event like a gust of wind, a flash flood, or a tornado occurs without warning, this may be used as a potential defense. If the accident occurred in a way that was unexpected and the responsible party took the necessary precautions in a way that an ordinary person would have done so in their shoes, they may not be responsible for the accident.

Finally, an act of God event in Texas is considered to be an event caused by nature such as a hurricane, winter ice storm, or tornado. Typically, this defense is not used in auto accident collisions, but can be utilized when major weather events occur.

Being able to anticipate these defenses, and come up with reasons why they do not apply, may be critical to the success of a personal injury claim.

Contact a Texas Personal Injury Attorney

If you or someone you love has caused or recently been injured in a Texas car accident involving inclement weather, contact the attorneys at Carabin Shaw. Our experienced lawyers have represented clients in all kinds of personal injury claims, and understand the complexities and nuances associated with weather-related accidents. The team at our firm will work tirelessly to advocate on your behalf and get you the compensation you deserve. To schedule a free consultation today, call us at 800-862-1260.

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