Texas is big and beautiful. Driving across the state can be an interesting, yet sometimes frightening experience, thanks to unpredictable weather changes. A car accident that occurs in poor weather conditions can result in serious injury. As such, it is reasonable for the victims of these types of collisions to question how liability is determined and compensation can be achieved for any losses suffered.
Weather-related accidents often occur due to snow, rain, and even tornadoes. However, dust, smoke and fog are also major concerns for drivers, as each of these things can significantly reduce visibility. The inability to see due to these conditions is dangerous for everyone out on the road, and drivers will need to accommodate for such vision hazards.
The number of people killed in car accidents related to vision hazards is about 90 per year, nationally. However, not all police reports include information about weather conditions contributing to collisions. If that is true, it is believed that an estimated 700 fatalities a year can actually be attributed to smoke, fog and/or dust.
Weather simply is an uncontrollable factor when it comes to a car accident. However, drivers are still accountable for how they choose to drive in poor conditions. If appropriate measures are not taken, a driver believed responsible for a crash may be held liable for any losses suffered by his or her victim. Texas residents who have been injured or who have lost a loved one, due to another individual's behavior behind the wheel in bad weather, can seek compensation for any damages sustained. If the driver deemed responsible is found negligent in civil court, restitution for all recoverable damages may be awarded.
Source: newsroom.niu.edu, "Driving blind", May 13, 2015