Making Roads a Safer Place for Pedestrians
Freeing a Claimant of Fault in Bad Weather Accident (Part II)
The weather in Texas has caused many road accidents in the state. In an event that an accident happens due to weather conditions like a snowstorm, it is important to know if insurance will cover the car repair. An article on SimmonsAndFletcher.com offers useful advice on the topic.
The same article offers useful information on exercising caution when driving in bad weather and determining fault in insurance claims. This is the first part of the two-part article on the topic.
Texas has many bad weather conditions, including snow, hail, floods, tornadoes, sleet, black ice and hurricanes. Driving on Texas roads can be very dangerous.
Driving in Bad Weather
According to the article, prudence when driving in bad weather condition is a must. It is also advised in the article to exercise caution even if the sign indicates a certain speed limit. A 55 speed limit sign does not mean that it is safe to drive 55 miles per hour. Driving as fast as the posted limit can still earn a driver a ticket if it is considered dangerous to drive under the circumstances.
Negligence Resulting in a Car Accident in Bad Weather Condition
It is stated in the article that there are three legal doctrines that can determine whether a driver is being negligent or not in an accident caused by bad weather. One of the legal doctrines can be used by an adjuster in assessing a car accident claim. Some of the legal doctrines that can be used are the following:
- Unavoidable Accident
- Sudden Emergency
- Act of God
An accident that is not proximately caused by the negligence of any of the driver involved is an unavoidable accident. Weather conditions like snowstorm and hail are factors that can remove fault from a driver in an unavoidable accident scenario.
The unavoidable accident instruction is a reminder for the jury that Texas is a negligence state and that accidents are not always caused by driver negligence. A person who had exercised caution in driving in bad weather and still became involved in an accident is deemed not responsible.
The second part of the article discuses the two other legal doctrines that can be used as a basis when making a weather-related car accident.
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