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How Do You Know if Negligence Was Involved In a Bad Weather Car Accident?

Posted On May 1, 2017 In Local Car Accidents

How can you avoid an accident?Bad weather greatly increases the risk for an accident. Determining who is at fault in an accident is usually an issue of negligence. east Texas is especially prone to bad weather. Severe thunderstorms and hurricanes can create flash floods within minutes. Driving in these conditions requires a higher level of care needed to keep everyone safe. Keep reading below for some questions that are asked to prove if negligence was involved in an auto accident.

How to Prove Negligence in a Bad Weather Car Accident

  • What speed was necessary? Determining how fast the vehicles involved in the accident were traveling will help to prove if negligence was involved. In bad or severe weather, cars can be expected to slow down for visibility and safety reasons.
  • Were headlights on? Visibility can become scarce when skies darken in severe thunderstorms or heavy fog. Driving without headlights can cause accidents to other cars and pedestrians.
  • What was the condition of the vehicle? Were windshield wipers on and working? What about headlights? Were tire pressures at a safe level and in decent condition? Was there an engine failure that could be at the heart of the accident? These are all questions that need to be considered to determine the level of fault in an accident.
  • How bad was the weather? The driving conditions at the time of the accident will also determine how the drivers should be behaving in that scenario. The less severe the weather, the less it would matter that you are driving slowly, with hazards on, etc.

What If Both Parties Are at Fault?

States have different laws to determine when a member involved in an accident can sue the other party for damage compensation. In Texas, if a member is determined to be 51 percent responsible for the accident or higher, they are not able to recover their damages from the other party. Some states are 50 percent or higher, other states compensate on the exact amount of the percentage of liability they have in the accident, i.e. if you are 90 percent responsible for an accident, you are able to win the remaining 10 percent from the other insurance party.

Car accidents can be expensive, and there are many complex factors that go into determining if drivers were acting negligently, and who is financially responsible for the accident. Contacting a Lufkin car accident lawyer can help you answer the hard questions in your auto accident.

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