Rain, Ice, Wind, Floods, Fog, and Other Road Hazards
There is an old saying in Texas, “If you don’t like the weather, wait five minutes, and it will change.” It is a saying not original to Texas and often attributed to Mark Twain. Regardless, it is often pretty accurate. Texas is such a large state that the weather can be drastically different in one part than the rest. More specifically, Texas has everything, including tornadoes, floods, thunderstorms, hail, sleet, snow, black ice, hurricanes, heavy rains, and fog that affect driving.
Fog can be a serious hazard on Texas highways.
So, if you are going to drive in Texas, you need to be prepared for weather to be a factor you must deal with on the roads. Over 16,700 of the accidents in Texas in 2023 identified weather conditions as a contributing factor. Weather-related accidents can make navigating a claim difficult, and they can be horrific. Every year, along I-10 between Houston and Louisiana, there seems to be another multiple-vehicle collision due to low-lying fog. Call (713) 932-0777 for more information today.
Driving Rules Remain in Effect
As a general rule, the Rules of the Road do not get suspended because of bad weather. As a driver, you have an obligation to yourself and others to be prepared and act with ordinary prudence in dangerous weather conditions. However, just because the speed limit sign reads “55” does not mean that 55 miles per hour is a safe speed in inclement weather. You can be ticketed for failure to control speed even though you are driving under the posted speed limit if the speed you are traveling is not safe under the circumstances.
Legal Defenses to Negligence for Accidents Due to Weather Conditions
Certain legal doctrines affect whether a person is considered negligent when confronted with dangerous weather conditions. If you are in an accident in dangerous weather, you may find yourself in a situation where the adjuster is denying your claim even though you did nothing wrong. Some of these doctrines include:
- Unavoidable Accident
- Sudden Emergency
- Act of God.
Below is a discussion of these legal defenses and the types of cases in which you may find a defense lawyer asserting these.
An unavoidable accident is defined as ‘an event not proximately caused by the negligence of any party to it.’ Dallas Ry. & Terminal Co. v. Bailey, 250 S.W.2d 378, 385 9Tex.1952). As explained by the Texas Supreme Court, “the instruction is most often used to inquire about the causal effect of some physical condition or circumstance such as fog, snow, sleet, wet or slick pavement, or obstruction of view, or to resolve a case involving a very young child who is legally incapable of negligence.” Reinhart v. Young, 906 S.W.2d 471 (Tex. 1995).
The unavoidable accident instruction is about as close as a comment on the weight of the evidence as the Court may get. It effectively reminds the jury that Texas is a modified comparative negligence state and that not every accident is caused by someone’s negligence. If a person does everything an ordinary, prudent person would do under the same circumstances and an accident still occurs, that person is not responsible.
One should keep in mind that fog, snow, sleet, water, or ice on the pavement does not automatically relieve everyone of responsibility. Drivers still have a duty to reduce speed, keep safe distances, pay attention, and take necessary precautions to control their vehicles in inclement weather. A personal injury trial lawyer facing this defense needs to proactively question the defendant about what precautions he took to avoid losing control of his vehicle.
What is a Sudden Emergency?
A sudden emergency is defined as:
- an emergency situation arose suddenly and unexpectedly;
- the emergency situation was not proximately caused by the negligent act or omission of the person whose conduct is under inquiry; and
- after an emergency situation arose that to a reasonable person would have required immediate action without time for deliberation, the person acted as a person of ordinary prudence would have acted under the same or similar circumstances.
Thomas v. Oldham, 895 S.W.2d 352, 360 (Tex.1995). This defense is also sometimes used when a sudden unexpected event like a tornado, heavy gust of wind, sudden hail storm, or other unforeseen event arises without warning and causes an accident.
What is an Act of God?
An act of God is an event occasioned exclusively by the violence of nature. Travelers Ins. Co. v. Williams, 378 S.W.2d 110, 113 (Tex.Civ.App.—Amarillo 1964, writ refused n.r.e.). The act of God defense is rarely used or warranted in auto collision cases. However, it does at times come up when a storm arises, such as a hurricane, tornado, or winter ice storm, that causes a condition leading to an auto accident. An example of this is McWilliams v. Masterson, 112 S.W.3d 314 (Tex. App.—Amarillo 2003, pet. denied), wherein a herd of cattle broke through a fence and into the road due to a winter storm coming up overnight and causing them to seek higher ground for safety.
Do Not Give a Statement
If you have been involved in an accident and the weather was a factor, you may very well get a call from the adjuster for the other party. That adjuster’s job is to set up a defense for his client. Do not give the adjuster a statement without consulting an attorney first. Often, we see unsuspecting car crash victims who, trying to be helpful, give the adjuster a recorded statement that the adjuster uses to build a weather defense.
Before you talk to the other party’s adjuster, talk to a lawyer who will look out for your interests. Simmons and Fletcher, P.C., offers free consultations regarding your auto accident case. (713) 932-0777.
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