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.

Under Texas law, a person has two years from the date of death to file a wrongful death lawsuit in Texas. In the tragic event of the loss of a loved one in an accident, it can be hard to know how to move forward. Untimely deaths disrupt every aspect of the lives of surviving loved ones. When faced with an untimely accidental death, a victim’s loved ones may be able to file a wrongful death claim for damages brought on by the loss of life.

Wrongful death generally applies to any loss of life resulting from the negligent or malicious actions of another party. These claims can range from death caused by negligence such as a car accident or medical malpractice, to intentional harm such as death resulting from assault or manslaughter.

Wrongful death lawsuits usually differ from workplace death claims which are typically covered under workers’ compensation insurance policies that prohibit an employee from suing their employer for injuries or death on the job. An experienced San Antonio wrongful death attorney will be able to advise you if an exception applies that will allow the surviving family to sue the decedent’s employer for its gross negligence.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.The annual selections are made using a patented multiphase process that includes:

• Peer nominations
• Independent research by Super Lawyers
• Evaluations from a highly credentialed panel of attorneys

Please join us in congratulating Will Clark on his selection.

And as always, if you or a loved one have been injured in an accident, call Alford & Clark now for a free, confidential consultation. Our attorneys are on call – 24/7 – and are happy to answer any questions absolutely 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 .

[Date – on or before August 31, 2017]

RE: Notice of Claim under Policy # [Policy Number]

To Whom It May Concern,