There are unique challenges that need to be considered when determining fault in a hydroplaning accident in Texas. The rain changes road conditions, but wet roads don’t excuse a driver who was driving too fast or recklessly.
So, before jumping to conclusions about fault in the accident, it’s smart to consult with an experienced accident attorney for personalized legal support. Here are a few things to consider so that you can learn how fault works when the roads are wet:
Is Weather an Excuse for a Car Accident in Texas?
In the state of Texas, the laws are clear: weather is not an excuse for a car accident because drivers are required to adjust based on the current conditions. Drivers need to shift their behavior in several ways because rain makes it hard to see and changes the way vehicles respond on the road:
- Slowing down
- Increasing following distance
- Using headlights
When there is a car accident in the rain in Texas, it’s common for insurers to still try to argue that the accident was an “act of God.” But this approach won’t often work if the other driver was driving too fast for the conditions.
For example, driving too fast can be considered reckless in the rain, even if the driver was following the posted speed limit. Since wet pavement increases the necessary stopping distance, there is a difference between a safe speed on a dry road vs. a wet road.
Who Is Liable for a Hydroplaning Accident?
Most of the time, fault in a hydroplaning accident comes down to the speed of the vehicle and other driver choices that were made, which might have contributed to the collision. But there are other factors that might also come into play when determining liability in a hydroplaning accident in Texas, such as worn tires, a defective vehicle, or poor road design.
Since there are so many factors that can affect liability, it’s critical to gather sufficient evidence to avoid taking on liability that shouldn’t be yours. An experienced accident attorney can help you tell the full story through evidence and documentation, which can help to maximize a potential settlement that you might receive.
Remember that insurance companies are always trying to shift blame so that they can reduce the amount that needs to be paid. So, instead of defaulting to their determination of fault, you need to make sure that you have legal representation to protect your rights.
How Is Fault Determined in a Rain Car Accident in Texas?
Determining fault in a hydroplaning accident in Texas is a multi-step process, which is why it usually isn’t a good idea to navigate this process on your own. Here are some of the things that you can expect when it comes to fault determination:
- Investigation: Multiple sources of evidence are gathered in the investigation, such as the police report, dashcam videos, vehicle data records, and witness statements.
- Assumptions: While the rear driver is often blamed in accidents, it’s important to not jump to conclusions when the road conditions are wet. For example, the rear driver might be partially or fully to blame if they were following too closely. But there are other factors that could shift part of the blame to the other driver, such as a sudden stop or a hazard that was ahead.
- Shared Blame: It’s actually quite common for blame to be shared between multiple drivers. Here in Texas, the 51% rule means that you are still able to recover compensation if you are 50% or less at fault in the accident. Your compensation will be reduced based on your share of fault.
Timeline for Filing a Claim After a Hydroplaning Accident in Texas
No matter the conditions of the accident, it’s important that you take a proactive approach and start gathering evidence as soon as possible. Even though the statute of limitations allows you to file a claim for up to two years after the accident, it’s easier to build a strong case when you start gathering evidence early. For example, dashcam footage and black-box data can be overwritten within a few days, so immediate action is essential to protect this information.
Also, keep in mind that this timeline is much shorter if you are suing a city, county, or TxDOT. These types of claims might involve a flooded road or poor drainage. But there are strict notice deadlines (sometimes only months) when government departments are involved. So, reach out to an accident attorney as soon as possible after the collision.
Accident Risks for 18-Wheelers in the Rain
Due to the sheer size and weight of large trucks, they need a lot more distance to stop…especially on wet pavement. When an accident involves an 18-wheeler, it can result in severe and even fatal consequences.
Federal rules have strict requirements that truckers must use extreme caution when operating these vehicles in hazardous conditions (such as rain). If the trucker ignores the conditions or the company is pushing tight schedules, then the responsibility might lie with the trucker, the trucking company, or both.
FAQs
What types of defenses do insurers often use in wet road accidents?
The insurer is trying to minimize or avoid payment, so they are proactive about using defenses such as an “act of God,” “sudden emergency,” or “unavoidable accident.” These defenses usually only apply if the driver acted reasonably and truly couldn’t have seen it coming.
Who is at fault in a car accident caused by rain in Texas?
Fault determination in a wet-road accident depends on whether a driver failed to adjust for conditions. The rain itself is never an excuse.
Is hydroplaning considered negligence in Texas?
A driver can be found negligent if they were speeding or driving unsafely based on the conditions.
Legal Support If You Were Hurt in a Rain-Related Crash
If you or a loved one was recently injured in a hydroplaning accident in Texas, then it’s time to reach out for legal support. Before you talk to an insurance adjuster, reach out to our experienced team at The Green Law Firm. We will help you preserve evidence and challenge any unfair claims about fault in the accident.
Contact us for more information about available legal services and to schedule your free consultation with a skilled attorney: (956) 542-7000.
