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Who is Liable During Icy Road Conditions in Texas?

Posted by Jeff McCarthy | Jan 17, 2018 | 0 Comments

You are driving to work and there are icy conditions on the road. You are able to handle these conditions, but the driver behind you cannot handle the road and slams into you. Is that driver at fault?

The simple answer: Yes.

Many are surprised to discover that they are at fault if they cause a car accident during a snow storm or are involved in a collision on icy roads. Even the safest driver can succumb to unsafe road conditions. Nevertheless, drivers have a duty to drive safely and reasonably no matter what the conditions. 

Some people may want to argue that it is unfair to be found at fault when they are unable to control their car due to the conditions on the road, but drivers in Texas are required to be aware of the dangers of driving in dangerous road conditions  and are responsible when an accident occurs. Every time someone chooses to drive on an icy road they can be held responsible if they cause an accident. 

When a vehicle starts to hit a patch of ice, it causes the vehicle to slide on a slippery, traction-less surface. This causes drivers to lose the ability to control their vehicle, which may cause the driver to rear-end another vehicle. However, the driver's insurance company will not find the icy road condition to be the sole reason for the accident.

I Was Injured in a Car Accident During Icy Conditions, What Can I do?

Some winter weather accidents can be minor, with only cosmetic damages to the vehicle. Others, unfortunately, can end in serious injury or even death.

Under Texas law, every driver is charged with acting with due care depending on the conditions of the roadway. If a driver loses control of their vehicle and causes a collision with your vehicle, the fact that the roads were icy is not a defense, and they may still be responsible for your injuries.

The driver that caused the accident can be held responsible since a reasonably prudent person would know that more attention and due care should be given when traveling through icy road conditions. This includes traveling at slower speeds, choosing safer routes, and allowing for more distance between vehicles.

If you were injured during the icy road conditions, McCarthy & Edwards' personal injury lawyers are ready to assist you. Call 713-300-8304 for a free consultation.

About the Author

Jeff McCarthy

Service has been my cornerstone as a Soldier, Leader and Lawyer.  I am grateful to have been given the opportunity to serve my County as a Captain in the United States Army, my community as a Prosecutor for the Harris County District Attorney's Office and my Clients as a champion for their rights...


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