Weather conditions are often unpredictable. Drivers must adjust to safe speed limits and driving practices for everyone’s safety. Unfortunately, some violate traffic laws, thus exposing passengers, pedestrians, and other road users to inherent risks. When such accidents occur, victims are entitled to compensation for losses incurred. That’s where a bad weather car accident lawyer in La Porte can help.
When you are caught up in a crash involving bad weather, the first culprit is usually the lousy conditions. However, human negligence plays a significant role. Distracted driving, speeding, failure to yield, inexperienced driving, vehicle defects, and improper road conditions are some notorious causes.
In these scenarios, an experienced car accident lawyer in La Porte from Lone Star Injury Attorneys is crucial for pursuing an injury claim or wrongful death case for compensation.
How Fault Works in Car Accidents Involving Bad Weather
Liability in car accidents involving bad weather hinges on negligence. Motorists must always exercise reasonable care, especially when driving in adverse weather conditions. This includes maintaining safe distances between vehicles, adjusting speed to set limits, and turning on fog lights. When appropriate safety measures are not observed, and a crash occurs, the party responsible is said to have been negligent.
As mentioned, every car accident case in Texas is primarily based on negligence. Therefore, potential claimants must prove how another party’s failure to maintain or observe the expected driving standards contributed to a crash. It is based on:
Duty of Care
Duty of care is the first element of negligence that car accident victims must demonstrate. It is an expectation that all drivers must meet when operating a vehicle. This means adhering to local traffic laws and adjusting their driving to suit the weather conditions.
For example, motorists must maintain safe speed limits when driving in lousy weather such as rain, fog, and mist.
Breach of Duty
Breach of duty is the next element of negligence. It occurs when the expected level of care is not met. In a car crash involving bad weather in La Porte, breach of duty may entail speeding, distracted driving, failing to observe lane discipline, and following another motorist too closely. Accident reconstruction is vital for proving a breach of duty.
Causation
Causation is the third and most critical element of negligence that personal injury victims must prove. It means that the failure to meet the expected level of care or road discipline caused the accident.
Causation may be direct or indirect. Common examples of causation in bad weather accidents are speeding, which means there’s less reaction time in case of an emergency, or weaving in and out of traffic.
Damages
Lastly, you must show the damages suffered. These refer to the actual losses or harm resulting from the accident.
Damages in a car accident case include lost income, vehicle repair estimates, medical expenses, and more. Negligence claims are only actionable if these elements are accurately demonstrated. Our La Porte personal injury lawyers can help.
For a free legal consultation with a bad weather car accident lawyer serving La Porte, call (832) 449-8230
Comparative Negligence in Weather-Related Car Accidents
Comparative negligence in personal injury law is a legal concept that assigns fault in personal injury cases involving multiple parties. Two or more parties may share the blame in car accidents involving bad weather in La Porte. For example, if a motorist fails to maintain a safe distance and follows another driver too closely but fails to stop on time due to a faulty braking system, they can be held partly responsible for the crash. In that case, determining the degree of involvement for each is crucial for apportioning liability.
In bad weather accidents, comparative negligence allows affected parties to claim compensation even when they have partially contributed to the crash. However, their degree of involvement is capped at 50% to qualify. Any contribution beyond this limit bars them from pursuing a car accident claim.
To qualify for car accident compensation, one must be 50% or less at fault. This system allows for fair fault distribution among parties whose negligence results in a foreseeable accident. Teaming up with a knowledgeable auto wreck attorney in La Porte is essential for understanding how comparative negligence works.
La Porte Bad Weather Car Accident Lawyer Near Me (832) 449-8230
Contact a Bad Weather Car Accident Lawyer in La Porte Today
You may be eligible for compensation if you or a loved one were injured in a car accident involving bad weather in La Porte. Someone can be held responsible for injuries and losses suffered.
However, given the circumstances, you must provide reliable evidence showing how another party’s negligence contributed to the crash. Team up with Lone Star Injury Attorneys’ La Porte bad weather car accident attorneys today to kick-start your emotional, physical, and financial recovery journey. Schedule a no-risk case evaluation by filling out our online contact form.
Call or text (832) 449-8230 or complete a Free Case Evaluation form