Who is At Fault in Bad Weather Car Accidents?

In Texas and Louisiana, we’re entering some of the wettest, coldest months of the year. The holidays make roadways clogged with shoppers and visitors from out of town. Rain and ice complicate things further, causing a spike in traffic incidents. Sometimes drivers and pedestrians become injured, and they wonder how weather might impact a personal injury lawsuit. We’ve found the weather is almost never all that causes a car wreck.


Bad Weather Car Accidents by the Numbers


The Department of Transportation compiles statistics on almost every type of scenario that causes vehicle collisions in the United States. Over the past decade they’ve gathered comprehensive data on driving conditions of all types. Their data shows around 21 percent of all accidents happen when there are adverse weather conditions. Here are a few of their findings:


  • In the past decade, 70 percent of weather related accidents involved wet pavement.
  • Rain lead to 46 percent of bad weather car accidents.
  • Ice only caused 13 percent of weather-related accidents.
  • Snow, sleet and slush were a contributing factor in 32 percent of bad-weather related incidents.


If you live in Texas or Louisiana, you can probably figure out which types of weather pose the biggest threat. We don’t have much snow, but bridges and roadways do get icy. By far the most bad weather car accidents in Texas happen when the pavement is wet because either rain is falling or it has just finished doing so.


Fault When Weather Contributes


Weather doesn’t cause accidents. People do. It doesn’t matter how treacherous the roads are, people still assume responsibility when they choose to get behind the wheel. Because they turned that key in the ignition (or pushed the button), they have a duty of care to others to stay in control of their vehicle. That means if the weather creates a problem, they should adjust or pull over.


Negligence is when people don’t exercise reasonable care – they don’t behave how most people know they should using common sense. They should slow down when the road is wet or visibility is limited. They should use extra caution to make sure they and other drivers say safe.


Drivers can also be negligent by not taking care of their vehicle. If they drive on bald tires or with bad windshield wipers, that’s not responsible, and they’re risking more than just their own lives. If they drive in a heavy rain when they’re fatigued, impaired or distracted, the weather isn’t to blame for their actions.


Car Accident Attorneys in Tyler, Longview and Shreveport


If the weather was bad when your car accident occurred, you may be wondering if you have a case. If the other driver didn’t control their vehicle and injured you, it’s in your best interests to talk to an attorney. A consultation with Monsour Law Firm costs nothing, and we don’t make a penny unless you receive a settlement. Schedule your visit today.