Winter in Texas can cause a real nightmare for motorists. Imagine you’re driving home from work and the weather turns icy. You’re driving as carefully as possible when —bam! — a big rig slides into you causing you to lose control of your vehicle, or worse, smashes into you from behind.
Navigating through winter weather conditions can pose serious challenges, especially when sharing the road with large commercial trucks. If you find yourself in an accident due to icy roads in Texas, grappling with painful injuries, property damage, and financial stress, the expertise of seasoned North Texas truck wreck lawyers in the Dallas-Fort Worth, Texas area becomes invaluable. At the Law Offices of Tim O’Hare, our extensive trial experience empowers us to advocate for clients, aiming for the best possible resolution in the aftermath of a traumatic truck accident.
In this article, our team unpacks what to do if you find yourself a victim of a truck wreck accident during severe winter weather in Texas.
What Qualifies as a Truck Wreck in Texas?
Before delving into the specifics of your case, it’s essential to understand what constitutes a truck wreck in Texas. In recent years, there has been a concerning increase in truck wrecks, with 18-wheeler accidents experiencing a notable rise of 26% from 2021 to 2022 nationally. These incidents typically occur when a commercial truck, such as a big rig or tractor-trailer, collides with another vehicle or pedestrian.
If you’ve been involved in a truck accident in Texas, you could potentially sue for damages and compensation. However, it’s highly recommended to seek guidance from experienced truck accident attorneys in Texas to assess whether you have a case and represent you throughout the legal process.
Ice or Weather Can't Receive a Ticket, So Who’s to Blame?
When it comes to an accident that’s caused by a large truck sliding on ice, a common question arises: Who bears responsibility when the weather itself is a contributing factor?
Unlike reckless drivers, ice or snow can’t receive a ticket. Determining liability in weather-related accidents involves a nuanced understanding of the circumstances and the actions of those involved.
Fortunately, the attorneys at the Law Offices of Tim O’Hare are well-versed in uncovering who is at fault for an accident that occurs during inclement weather. We’ve helped our clients in cases in which we discovered the truck driver, the truck driver’s company, or even an independent company in charge of maintaining the roads were negligent in the accident. Once you have the correct truck wreck attorney on your case, you’d be surprised to realize where the blame lies within an accident.
Interestingly enough, two factors come into play in these specific types of weather-related cases:
1. Drivers Are Held Accountable Despite Icy Conditions
While weather conditions are beyond human control, drivers are typically held accountable for their actions behind the wheel. Negligence in adverse weather may involve driving too fast for the conditions, failing to maintain a safe following distance, or neglecting to use headlights or signals appropriately. In such cases, the driver’s negligence becomes a key factor in determining liability. Other factors to be considered in adverse weather conditions is whether the truck was outfitted and maintained to be operated in winter weather. Vehicles, especially large trucks who may have problems stopping due to their heavy loads, should be properly maintained to avoid contributing to wrecks in bad weather.
Often in Texas, we see bad weather around and after the holiday season. The holidays have truck drivers on the roads for long periods of time delivering goods. A truck driver may be over-worked in the holiday season, which can contribute to lack of reaction time in adverse weather conditions.
2. Multiple Parties May Be to Blame In Truck Accidents
Texas follows a comparative negligence system, where fault can be apportioned among multiple parties involved in an accident. Even if weather conditions played a role, if a driver’s negligence also contributed to the accident, they may share in the liability. Comparative negligence recognizes that responsibility is not always one-sided and aims to distribute it fairly based on the actions of each party involved. The lawyers at The Law Offices of Tim O’Hare have the experience you need to ensure that liability falls on the correct party.
Why You Should Hire a Dallas-Fort Worth Truck Wreck Lawyer
As you can see proving negligence in weather-related accidents can be challenging, requiring a thorough investigation into the circumstances. If you’ve been involved in an accident where adverse weather like an icy highway played a role, seeking legal assistance is crucial. Experienced attorneys can assess the specifics of your case, gather evidence, and navigate the complexities of comparative negligence to ensure your rights are protected.
Now, let’s delve into the pivotal role a skilled truck wreck lawyer plays in the aftermath of such incidents:
A Dallas-Fort Worth Truck Wreck Lawyer Will Establish Fault.
After a truck wreck, establishing who is at fault is critical for building a strong case. In Texas, under comparative negligence rules, multiple parties may share responsibility for the accident. Experienced Texas truck wreck lawyers can assess liability by examining evidence from the scene, police reports, witness testimony, and black box data from the truck (if this exists). With this information, a reputable attorney can build a solid case, ensuring you receive the compensation you deserve.
A Dallas-Fort Worth Truck Wreck Lawyer Will Determine the Damages in Your Case.
If you’ve been in a truck wreck, you may suffer various damages, including medical expenses, lost wages, pain and suffering, reduced earning capacity, property damage, and impairment. A skilled Dallas-Fort Worth truck wreck lawyer can evaluate your case and determine the full extent of your damages after a careful review of your medical records.
What most people don’t understand on their own is that injuries from a truck wreck might result in long-term or permanent issues related to pain and suffering and future medical expenses. Obtaining a fair and just settlement requires an in-depth understanding of the long-term medical and economic aspects of the damage suffered.
Recovering full and fair compensation for the damages suffered needs strong legal representation. Experienced truck wreck attorneys in Texas work with medical experts who can provide an objective assessment of your injuries and the economic and non-economic impact these damages may have on your life in the long run.
A Dallas-Fort Worth Truck Wreck Lawyer Will Deal with Insurance Companies and Negotiate Settlements.
Dealing with insurance companies can be overwhelming — especially when you’re trying to recover from your accident. Typically, these companies try to pay out the least amount possible and minimize their liabilities. Skilled truck wreck lawyers come in to level the playing field and guide you through the complicated negotiations with insurance companies. Their expertise will ensure that you receive fair compensation covering all your injuries and damages from the accident. Insurance companies whose vehicle was involved in a collision where foul weather was in play will often refuse to take any responsibility, which is why you want an experienced Dallas-Fort Worth Truck Wreck Lawyer.
Settlement negotiations can be complex, and insurance companies may have legal teams on their side. Thus, hiring experienced attorneys is a wise choice. These attorneys can fight for you, ensure your rights are protected, and obtain the best possible settlements on your behalf.
With skilled attorneys navigating the complexities of settlement negotiations, you can focus on recovering from your injuries and getting back to your life.
Hit by a Truck? Reach Out to the Law Offices of Tim O’Hare.
If you’ve been involved in a truck wreck on icy roads in Texas, it can be a confusing and challenging experience to know who is to blame for your accident. However, with the guidance of experienced Dallas truck wreck lawyers from the Law Offices of Tim O’Hare, you can navigate the legal process and determine if you have a case.
If you’ve been involved in a truck accident, don’t hesitate to schedule a free consultation with one of our Dallas Truck Wreck Lawyers today.
