After the second rainiest year in the history of Dallas-Fort Worth which just ended a few months ago, we are all ready for some beautiful spring weather. But tomorrow more storms are expected and there is even a chance of hail and tornadoes in the region. Of course there is — this is Texas where if you don’t like the weather, just blink, right? It was only a few weeks ago that we were hit by 80 mph winds and large hail on another day. Yes, spring showers bring May flowers, but they also bring a lot of unexpected collisions on our roads. If you have been injured in one of our frequent weather-related auto accidents, you may not know how to proceed. This post offers tips about how you can succeed in your car accident case.
You will have questions including
The answer to the first question is yes. The fact that roads were wet (or icy, as they were in February) doesn’t give drivers an absolute “get out of liability free” card for the damages they cause. The law in Texas requires each driver to operate his or her vehicle in a manner as reasonably safe as any ordinary person would. Weather related auto accidents are not that different from any other collision case an injury lawyer handles. Part of that legal duty means recognizing weather and road conditions that a reasonable person would have noticed and adjusting one’s driving based on those readily detectible conditions.
Winning a weather-related case is different than succeeding in a typical auto case. Usually, the other driver will offer proof that he was traveling below the posted speed limit which helps to prove that he was driving safely. However in a bad weather case, the facts may allow you to persuade the jury that, even though the defendant was going less than the speed limit, driving 50 mph in a 55-mph zone and not allowing for delayed braking or hydroplaning, was excessively fast and unsafe.
The second question can extend beyond the driver who hit you. Were other drivers also driving negligently? Was all car or truck maintenance properly performed by third party facilities? Were the tires manufactured incorrectly? Was there a state or local governmental entity that should have prevented a pool of water (or ice in the winter) from accumulating by better road design or maintenance?
Hopefully you purchased collision damage on your own policy and can get your vehicle repaired or totaled immediately. Or you may choose to file on the other driver’s liability policy as soon as you have his name and insurance company. Sometimes you are able to get this at the scene, but other times you may be separated by the police officer who tells you the information will be available on his report. This will take days and occasionally longer to obtain. We get these reports for our clients free of charge when we are hired (and we never charge them any of our expenses like FedEx deliveries, certified mail, mileage, faxes, copying, etc.) and immediately notify the insurance carrier and go to work to help our clients. If you file on your own company, your deductible will be repaid.
This can be a complicated subject that depends on many variables we have analyzed throughout these posts for the past 10 years. There is no formula or online calculation that is accurate. It is obvious that the better your injury lawyer is, the more money you will receive. He can give you a better idea when he has all information to properly calculate your damages and plan an effective negotiating strategy or prepare for a court trial. More information is here: How you can get a good injury settlement
Why it is important to contact a good injury attorney
Your injury lawyer can help you in taking vital steps to help you win your case. This include conducting the investigation and discovery process, including obtaining accident reports, photographs, diagrams, driving histories and background information about the other drivers, statements from eyewitnesses, criminal charges, government documents, evidence of other crashes, etc.
If you find yourself hurt as a result of a weather-related accident, you need good advice about your case. Insurance companies often tell people they are entitled to nothing due to the fact that weather conditions were a factor, even though that often is not true.
Get that help by reaching out to a board-certified personal injury attorney who handles vehicle accidents. Mr. Berenson has been board certified in personal injury law for the past 25 years and limits his injury practice to only these cases (not medical malpractice, defective products, dangerous drugs, slip and falls, etc.).
Berenson Injury Law is here to give you the excellent representation you deserve. We have been helping injured drivers and passengers for nearly 40 years and have the skill and experience to help our clients achieve positive results.
For your free case review and meeting with Mr. Berenson, contact us today at 1-888-801-8585 or email us online.