The state of Texas is no stranger to wild and inclement weather conditions. It can be very sunny one day and rainy the next. Hurricanes, fog, mist, and ice are just a few examples of bad weather you may experience. While the different seasons make Texas a great state to live in, the sad truth is that some of them cause more harm than good. Car accidents involving bad weather in Fort Bend County are not uncommon. Unfortunately, some are fatal, resulting in severe injuries and death to the drivers involved.
If you are nursing injuries sustained in a car accident caused by inclement weather, your medical bills are probably piling up. Without a straightforward way to offset the medical expenses, your recovery may suffer a heavy blow. Nonetheless, you can breathe a sigh of relief when you contact our lawyers at Lone Star Injury Attorneys. We can guide you in making a successful personal injury claim if someone’s negligence contributed to your injuries.
The Federal Highway Administration reports that out of the over 5.9 million auto wrecks reported in the U.S every year, 21% stem from inclement weather. Some of the ways that these conditions cause accidents include:
Among the most common questions our attorneys get is whether someone can file an injury claim for an auto collision due to weather in Fort Bend County. While the simple answer is YES, there are several factors to consider before making a conclusive decision on whether to sue or not. They are:
All personal injury claims in Texas are brought forward based on negligence. Although it’s improbable to sue nature for inclement weather conditions, someone’s actions or inactions likely played a considerable role in causing the crash. For example, if a driver was speeding in low visibility, you may argue that the accident would have been prevented had they adapted to prevailing weather conditions.
Liability not only affects your eligibility for compensation but also determines the amount you can receive. Texas follows the comparative negligence rule, which dictates that an injured person can only be compensated IF their degree of fault for their injuries is 49% or below. Even so, their final compensation is reduced by this margin. For example, if you are awarded $10,000, and you are 30% at fault, you only recover $7,000. However, if you bear 50% or more of the blame, you are automatically disqualified from pursuing a monetary recovery.
Damages in a personal injury lawsuit refer to the economic and non-economic losses the injured party suffered following an accident. To be compensated, you must show how the accident affected you financially, physically, and emotionally. Economic damages cover lost wages, lost premiums, rehabilitation costs, property repair costs, past and future medical expenses, and any other provable financial loss. Non-economic damages take into account losses such as pain and suffering, wrongful death, diminished quality of life, and emotional trauma.
Auto accidents related to inclement weather in Fort Bend County can be complex to solve, especially when it comes to liability. The other driver may argue that the inclement conditions were to blame or the situation was beyond their control. Retaining a knowledgeable car accident attorney is crucial to establishing liability.
Some of the parties likely to bear fault in a car accident caused by weather conditions include:
Liability is the basis on which car accident claims are settled. Therefore, you need to be precise about how you establish fault. The best way to do so is by letting a skilled car accident attorney in Fort Bend County handle your case.
If you were injured in a car accident involving bad weather in Fort Bend County, you may be entitled to compensation. Our attorneys are ready to offer free initial consultations at your home, hospital, our offices, or a place of your convenience. Call us today.