Texas windstorms and dust storms frequently sweep across the state's plains and highways, creating dangerous conditions that can lead to serious accidents. If you or a loved one has been in a car accident caused (at least in part) by inclement Texas weather, this article should help you understand who might compensate you for accident-related losses.
Personalized guidance is the most trustworthy type of guidance. At Lorenz & Lorenz, PLLC, our Texas car accident lawyers help victims injured by negligent drivers who may have ignored dangerous weather conditions and caused preventable accidents. Call us today or contact us online for a free consultation about getting justice for your accident (and how a Texas car accident lawyer can help).
Key Takeaways: Windstorms and Dust Blows Causing Car Accidents
- Dust storms can reduce visibility to near zero within seconds (and without warning)
- High winds cause vehicle instability, especially for top-heavy models like trucks and SUVs
- Debris scattered by windstorms can also create significant, unexpected road hazards
- Drivers must reduce speed and increase following distance during such severe weather
- Insurance companies frequently blame the weather to deny legitimate claims, and you should be prepared for this tactic
- Victims can recover compensation for injuries caused by negligent drivers, but they typically have to fight for that compensation
- Do not wait to call Lorenz & Lorenz, PLLC, today, or contact us online for your free consultation about hiring a Texas car accident attorney
How Windstorms and Dust Blows in Texas Contribute to Car Accidents
According to the Federal Highway Administration, severe wind accounts for approximately 1 percent of all weather-related crashes and injuries nationwide, and 2 percent of weather-related fatalities in collisions. Texas experiences some of the most severe wind events in the country, making windstorms a legitimate accident risk in the state.
While nature generates these storms, drivers who fail to adjust their behavior appropriately may be responsible for resulting collisions, injuries, and damages. These weather events occur with little warning and can change road conditions from safe to deadly within moments. This highlights the importance of drivers being alert, sober, and responsive at all times.
Reduced Visibility
Dust storms and sand blows can drastically reduce visibility, sometimes limiting sight to just a few feet. Suspended particles may form a dense wall that headlights cannot penetrate. Unfortunately, this leaves drivers unable to see the road, lane markings, other vehicles, or obstacles.
These disorienting conditions make judging distances and reacting to hazards extremely difficult. Multi-vehicle pileups become more likely in such poor visibility, meaning one accident can trigger a catastrophic domino effect.
Vehicle Instability
Strong crosswinds can destabilize vehicles and make them difficult to control. Gusts over 30 miles per hour may force cars out of their lanes, while sustained winds can require constant steering corrections.
High-profile vehicles, including SUVs, vans, pickup trucks, semi-trucks, and trailers, are especially prone to wind-related sway and jackknifing. Trailers and vehicles towing equipment become particularly vulnerable to wind-induced sway and jackknifing.
Drivers who fail to reduce their speed during high wind events significantly increase their risk of losing control (and harming others by causing a crash).
Debris in the Roadway
Windstorms can turn everyday objects into dangerous projectiles and spread debris across roadways. Texas Transportation Code § 545.4205 prohibits operating vehicles in ways that allow objects to fall onto the road.
Wind can blow debris both from vehicles and trailers and the environment near the roadway, which might leave the road littered with:
- Tree branches and limbs
- Construction materials and equipment
- Garbage cans and recycling bins
- Outdoor furniture and signage
- Agricultural equipment and products
- Sand and gravel accumulations
Striking debris at highway speeds can cause drivers to lose control, suffer tire blowouts, and sustain windshield damage that further impairs visibility. Debris may also force aggressive swerving, which can lead to collisions, injuries, and loss of life.
Damaged Signage
High winds can damage, obscure, and knock down traffic signs and signals that drivers rely on for safe navigation. Stop signs may spin to face the wrong direction, speed limit signs can blow over, and traffic signals may malfunction or go dark during severe storms.
Construction zone warnings and temporary signage are particularly vulnerable to wind damage. When critical safety information becomes unavailable, drivers lose important guidance about speed limits, upcoming hazards, and right-of-way rules. Intersections can become especially dangerous when signals fail, leaving drivers to navigate without clear direction.
Driver Panic
Sudden severe weather events often trigger panic responses that lead to dangerous driving decisions. Drivers caught unexpectedly in dust storms or high winds often react by:
- Slamming on the brakes
- Swerving erratically
- Making sudden lane changes without checking for other vehicles
- Engaging in other wrongheaded, immensely dangerous behaviors
Some motorists pull onto the highway shoulder without activating hazard lights or fully moving off the roadway, creating a collision risk for other drivers. Fear and disorientation cause some people to speed up, attempting to escape the storm rather than slowing down as safety requires.
What Are the Implications of Accident Liability in Such Inclement Weather Conditions?
While windstorms and dust blows are natural events, they do not automatically protect drivers from liability. Under Texas Transportation Code § 545.351, drivers must maintain speeds that are reasonable for the conditions, regardless of posted speed limits.
A driver traveling at the speed limit during a dust storm may still be liable if that speed is later deemed unsafe. Texas courts determine such things by assessing whether drivers acted as a reasonable person would in the same circumstances. We will conduct a similar assessment of anyone whose negligence caused your car accident in Texas.
Liability Involving Commercial Drivers and Government Entities
Car accidents during windstorms and dust blows may involve multiple liable parties beyond the driver who directly struck your vehicle. Our Texas car accident attorneys investigate all possible avenues of liability. We plan to help you pursue the full compensation your injuries warrant, and that compensation might come from:
- A trucking company: Trucking companies are responsible for training drivers on severe weather protocols. They may face liability when their employees cause accidents during windstorms that they should have avoided or navigated more carefully.
- A rideshare company: Uber, Lyft, and regional rideshare companies may share liability when their drivers cause weather-related accidents while transporting passengers or traveling to pick up riders.
- A government entity: State and local governments must maintain roads. Government entities, therefore, may be liable for failing to post adequate signage, clearing debris promptly, or maintaining proper drainage that prevents dust accumulation.
Texas law waives governmental immunity for certain negligence claims involving motor vehicles and hazardous roadway conditions. Your Texas car accident lawyer from our team will assess the facts surrounding your claim to determine if you can pursue government entities.
What “Duty of Care” Means During Windstorms and Dust Blows in Texas
Every driver owes a duty of reasonable care to others sharing the road. Drivers who ignore these duties and cause accidents may be legally responsible for injuries. The duty of care is a fluid one, though, as its definition can vary based on prevailing conditions and circumstances.
During windstorms and dust blows, honoring one’s duty of care typically requires:
- Speed reduction
- Increased following distance
- Motorists should stay centered in their lanes
- Motorists should avoid unnecessary lane changes
- Headlight usage
- Pulling over safely
We will evaluate the entire picture surrounding your accident, tying negligence to liability and pursuing the compensation you deserve.
Insurance Company Tactics (Including Weather-Blaming) You Might Face After Your Car Accident
Insurance adjusters frequently attempt to blame weather conditions entirely for accidents to avoid paying legitimate claims. When you file a claim for injuries sustained during a windstorm or dust blow accident, expect insurers to employ various tactics like:
- Claiming the accident resulted solely from an "act of God" beyond anyone's control
- Arguing that no driver could have prevented the collision, given the extreme weather conditions
- Minimizing the other driver's negligent behavior before or during the weather event
- Making lowball settlement offers, hoping you will accept less than full value for your losses
- Disputing the severity of your injuries or their connection to the accident
- Suggesting you share fault for being on the road in dangerous conditions
The Texas car accident lawyers at Lorenz & Lorenz, PLLC, are always ready for insurers to do their worst. They, and you, will get our very best in return.
Evidence Used to Prove Fault in Windstorm and Dust Blow Accidents
Establishing another driver's negligence in a weather-related accident requires gathering specific evidence demonstrating their failure to exercise reasonable care, and such evidence could be:
- Weather report data
- Traffic camera footage
- Witness statements
- Digital vehicle data
- Accident reconstructions
- Police reports
Preserving this evidence quickly is vital, as some data disappears within days or weeks after an accident. Our Texas car accident lawyers will take immediate action to secure and analyze all available evidence. We will then incorporate that evidence in your case for fair compensation.
Possible Compensation for Victims of Wind-Related Car Accidents in Texas
Victims injured by negligent drivers during windstorms and dust blows may recover compensation for the full range of damages their accidents caused, which might encompass:
- Healthcare costs
- Lost wages
- Reduced earning capacity
- Property damage (and temporary transportation costs)
- Physical pain
- Emotional distress
- Loss of enjoyment of life
- Disfigurement (such as permanent scarring)
- Damages resulting from a wrongful death
Texas law permits punitive damages in certain cases involving gross negligence, which may apply when drivers engage in particularly reckless behavior during severe weather.
How One of Our Texas Car Accident Lawyers Will Fight for You After a Weather-Related Collision
Pursuing compensation after a weather-related accident presents unique challenges. We excel at overcoming challenges in the legal and insurance arenas, and we won’t waste any time in:
- Investigating the weather conditions that played a role in your accident
- Gathering evidence of negligence
- Pinpointing all liable parties
- Countering all hostile insurance tactics
- Calculating full damages
- Aggressively negotiating for full settlements
- Litigating if (and when) necessary
Having experienced legal representation on your side establishes an equal footing when dealing with insurance companies and at-fault drivers who want to avoid accountability.
Frequently Asked Questions About How Windstorms and Dust Blows in Texas Contribute to Car Accidents
Victims of weather-related accidents often have questions about their legal rights and options. These are the most common concerns that arise in these cases.
What is the statute of limitations in cases like these?
Car accident victims have a two-year statute of limitations for filing car accident claims and lawsuits. Several exceptions may modify this timeline, from minor victims to claims against the government.
We will quickly inform you of the deadline for your case, and we will work urgently so that the deadline does not pass before we can file any necessary suit.
How badly can dust and windstorms damage a vehicle?
Sand and dust storms cause extensive damage to vehicles beyond collision impacts. Fine abrasive particles infiltrate mechanical systems and scratch surfaces, creating both cosmetic and functional problems that may require expensive repairs.
Can’t I handle this case on my own?
Having a Texas car accident lawyer from our team is truly a priceless resource. Not only do we handle every step in the cases we lead, but we provide support to clients that, they tell us, means the world.
Car accidents can be devastating. Our goal is to ensure yours is not.
Contact a Reputable Texas Car Accident Lawyer Today
If a negligent driver or another at-fault party caused your injuries during a windstorm or dust blow, let an experienced Texas car accident lawyer advocate for you. Weather conditions do not excuse careless driving that leads to preventable accidents.
Contact Lorenz & Lorenz, PLLC today or contact us online. We will complete your free consultation and take the next steps towards the compensation you deserve. Because our firm asks for no upfront or out-of-pocket fees, you don’t have to worry about the cost of hiring a lawyer.
We earn our fee when we win for clients. This results-based fee structure works for us because we work hard for our clients.
