How Can Dangerous Weather Impact the Assignment of Fault?

Every driver has a duty to control their vehicle on the roadway and avoid causing harm. Motorists who are not driving safely under the weather conditions could be held legally liable if they are involved in an accident.

For this reason, a court will analyze any precautions the defendant driver took to accommodate for the bad weather, such as applying snow tires or chains to avoid sliding. This helps the court determine whether the accident was due to the unsafe weather conditions or reckless conduct by the motorist.

Notably, some conduct that may be reasonable under normal weather conditions may be considered negligent during inclement weather. For instance, a driver could be considered to be driving too fast due to snow or ice, even if they were going to the speed limit. A local attorney could build a case to prove the defendant was not driving appropriately under the weather conditions.

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Recovering Damages After a Car Wreck Caused by Bad Conditions

The damages a claimant could recover after an auto collision that was influenced by unsafe weather are the same as those in standard civil claims. These compensatory damages are separated into two categories: economic and non-economic. Economic damages account for the monetary losses the claimant suffered. This includes lost wages, medical bills, and property damage, among other costs associated with the wreck. Non-economic damages, or human damages, compensate a claimant for their mental anguish, physical pain, and decreased quality of life.

There is a third category of damages that a person can sometimes recover, but these exemplary damages are reserved for egregious cases. Known as punitive damages, these aim to punish the defendant for reckless disregard of others. For instance, if the defendant was intoxicated or texting while driving during poor weather conditions and caused a wreck, a Denton lawyer could make an argument for punitive damages.

Evidence of Hazardous Weather Conditions in Denton

After the floodwaters have receded and the ice has melted, how can a claimant prove their case? Photographs and videos of the accident scene and related weather conditions are the most basic forms of evidence in these cases. Another option is testimony by witnesses that were on the scene, including the claimant. However, it should be noted that witness statements are not as reliable as photographs or videos. Another way our skilled attorneys in Denton could prove hazardous weather conditions contributed to a vehicle accident is through the use of historical weather websites. These websites include governmental measurements of the weather conditions. While these are highly reliable, they are also expensive.

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Discuss Car Accidents Caused by Bad Weather with a Denton Attorney

It is important to remember that the presence of unsafe weather conditions does not remove accountability in the event of an auto wreck. Our team is experienced in handling car accidents caused by bad weather conditions in Denton and could help you seek full compensation for your losses. To learn more about how a legal professional could help you, call our office today and schedule a free consultation.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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