I Got Into a Crash in Bad Weather: Can I File a Claim?

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Key Takeaway:
Yes — you may still file a claim if bad weather was a factor, but only if the other driver failed to adjust their driving to the conditions and acted negligently.

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Texas weather can change in an instant. A sunny afternoon may quickly turn into a heavy downpour, thick fog, or even flash flooding. These sudden changes often catch drivers off guard and increase the chance of crashes.

While the weather itself may seem like the cause, most accidents during storms or poor visibility are preventable. Drivers have a legal duty to adjust their behavior to match road conditions. When they fail to do so, and someone gets hurt, they may still be found negligent.

What Counts as Negligence in Weather-Related Accidents?

Negligence is about how the driver handled the situation—not just the weather. Common negligent behaviors in stormy or unsafe conditions include:

• Driving through flooded roads

• Following too closely when visibility is reduced

• Speeding despite rain, fog, or slick pavement

• Failing to use headlights properly

• Driving while distracted

When drivers ignore these basic safety rules, they put others at risk. In Texas, they can be held responsible for the damages their actions cause, even if the weather made the situation more dangerous.

Proving Negligence After a Weather-Related Crash

Establishing fault in a bad weather accident can be more complex than in other types of crashes. Evidence is key. Things like police reports, photos of the scene, witness statements, and even weather records may all help show that a driver failed to act responsibly.

For example, if a driver was speeding through heavy rain and lost control, that’s not just “an accident because of the storm.” It’s negligence because they didn’t slow down and adjust to conditions.

Bad Weather Collision? Call Shaw.

Proving negligence after a crash in bad weather isn’t always straightforward, but you don’t have to handle it on your own. A skilled personal injury lawyer can protect your rights and fight for the compensation you deserve.

You may be entitled to compensation for:

• Emergency Treatment

• Medical Bills

• Lost Wages

• Property Damage

• Pain and Suffering

• And More

Call Shaw today at 800-862-1260 to schedule your free case evaluation with a San Antonio personal injury attorney. No fees. No pressure. Just expert legal advice when you need it most.

We look forward to serving you.