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Can I Make A Claim For A Crash During A Winter Storm?

 Posted on June 30, 2022 in Uncategorized

Texas just experienced historic inclement weather, causing plenty of problems for nearly all of us. From rolling blackouts to boiling-water notices, Texans were forced into an unprecedented situation. Many drivers had to brave icy roads to ensure there was food on the table, water for their family, and heat to stay warm. Procuring supplies meant Texans were forced to drive when they normally would not have. As a result, car wrecks were commonplace. Was this the inevitable result of icy roads? Is getting injured in a car wreck a risk you accepted by leaving your home during a snowstorm? The answer to both questions is no.

In this type of situation, people normally think that the fault lies with the weather conditions. Insurance companies are counting on this, but that view is just plain wrong. In fact, the Texas Department of Public Safety specifically states that drivers need to adjust their speed and following distance for adverse weather conditions. Typically, you are supposed to keep a four second gap between your vehicle and the vehicle in front of you when driving faster than 30 miles per hour with good road conditions. This means that when Texas experiences historic weather and icy roads, drivers must increase that four second following distance. Failing to do so could result in a car wreck. Failing to do so is not just an accident – it is negligence. And if you, your friends, or your family were injured as a result of another driver who did not adjust their driving to the icy roads, you are entitled to compensation from that driver’s insurance company.

As Texans, we owe each other a duty to operate our vehicles safely while sharing the roadway. That duty does not stop when faced with a snowstorm. On the contrary, that duty is heightened to ensure that Texas families are safe while trying to procure food, water, and heat. In fact, Texas law specifically provides at Texas Transportation Code Section 545.351 that an operator shall drive at an appropriate reduced speed if a special hazard exists with regard to weather conditions. So, if you got rear-ended on an icy, snow-covered road, you are the victim of someone else’s negligence. It is not your fault or the weather’s fault. It is not just an accident or an act of god. No matter what the other driver’s insurance may tell you, it is negligence, plain and simple.

If you or a loved one were injured due to someone else’s negligence, Alford & Clark is here to help. As experienced personal injury attorneys, we will assess your case, gather all the facts, and organize all of the damages for your claim. We will fight insurance companies that try to blame the weather, or worse, blame you. We will not leave you out in the cold. Call Alford & Clark now for a free, confidential consultation. Our attorneys are on call – 24/7 – and are happy to answer any questions free of charge. You can find Alford & Clark online at www.injuredtexan.com or you can speak with an injury attorney now by calling (210) 951-9467.

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