Was Negligence Involved In a Bad Weather Car Accident?

Bad weather greatly increases the risk of an accident. Determining who is at fault in an accident is usually an issue of negligence. East Texas is especially prone to bad weather. Severe thunderstorms and hurricanes can create flash floods within minutes. Driving in these conditions requires greater care to keep everyone safe. Keep reading below for some questions asked to determine whether negligence was involved in an auto accident.

How to Prove Negligence in a Bad Weather Car Accident

• What speed was necessary? Determining how fast the vehicles involved in the accident were traveling will help determine whether negligence was involved. In bad or severe weather, cars are expected to slow down for visibility and safety.

• Were the headlights on? Visibility can become scarce when skies darken in severe thunderstorms or heavy fog. Driving without headlights can cause accidents to other cars and pedestrians.

• What was the condition of the vehicle? Were the windshield wipers on and working? What about headlights? Were tire pressures at a safe level and in decent condition? Was there an engine failure that could be at the heart of the accident? These are all questions that need to be considered to determine the level of fault in an accident.

• How bad was the weather? The driving conditions at the time of the accident will also determine how the drivers should behave in that scenario. The less severe the weather, the less it would matter that you are driving slowly, with hazards on, etc.

What If Both Parties Are at Fault?

States have different laws that determine when a member involved in an accident can sue the other party for damages. In Texas, if a member is found to be 51 percent or more at fault for the accident, they cannot recover damages from the other party. Some states are 50 percent or higher; other states compensate on the exact amount of the percentage of liability they have in the accident, i.e., if you are 90 percent responsible for an accident, you can win the remaining 10 percent from the other insurance party. Car accidents can be expensive, and many complex factors go into determining whether drivers were negligent and who is financially responsible for the accident. Contact Mike Love & Associates, LLC today. Our team of Lufkin car accident lawyers can help you answer the hard questions in your auto accident.