Texas weather can be unpredictable. One moment it’s sunny and dry, and the next, you’re navigating torrential rain, slick roads, or even unexpected ice. While bad weather increases the risk of a crash, it doesn’t eliminate the question of who is legally responsible when an accident occurs. Understanding how weather conditions impact car accident liability in Texas is essential for both drivers and accident victims.
In this article, Eric Ramos Law, LLC breaks down how weather-related accidents are evaluated under Texas law, what factors affect fault, and what victims need to know when pursuing compensation. For further legal insights and practical tips, be sure to visit our legal blog.
1. Texas Is an At-Fault State: What That Means for Weather-Related Crashes
Texas follows a traditional fault-based system for car accident liability. This means that the driver who is found to be responsible for causing the accident is also financially liable for damages, including medical bills, vehicle repairs, and lost wages.
But when weather is involved, the situation can become more complicated. Bad weather alone is not considered an excuse for causing a collision. Drivers are still expected to operate their vehicles with reasonable care, even in adverse conditions.
For instance, if a driver skids on wet pavement and rear-ends another vehicle, they may still be held liable—even if the road was slippery due to rain. Why? Because the law assumes drivers should adjust their speed and driving behavior to suit the weather.
Key Insight: A driver’s failure to respond appropriately to poor weather conditions may be seen as negligence.
2. Common Weather Conditions That Contribute to Accidents in Texas
Texas is vast, and its climate varies by region. However, some of the most common weather conditions that contribute to accidents include:
- Heavy Rain and Flooding: Hydroplaning, reduced visibility, and loss of control are frequent in downpours.
- Ice and Snow: Though rare in some parts of Texas, winter storms can cause black ice and dangerous driving conditions. Drivers unfamiliar with icy conditions often make sudden movements that lead to skidding or loss of control.
- Fog: Low visibility in foggy areas, particularly early mornings, can lead to multi-vehicle pileups and failure to yield right-of-way.
- Windstorms and Hail: Strong winds can push vehicles out of lanes, cause debris on the roads, and increase risk of collisions. Hailstorms may prompt erratic braking and sudden swerving.
- Extreme Heat: While less discussed, high heat can impact tire blowouts or overheating engines, leading to roadside hazards.
Estimated Distribution of Weather-Related Car Accidents in Texas
The pie chart below shows an estimated breakdown of how various weather conditions contribute to accidents across the state. As illustrated, rain and flooding account for the highest share, highlighting the need for extra caution during heavy storms.
Visual aid:
Understanding how each of these conditions affects driving can help determine who should be held responsible in the event of an accident. According to the Federal Highway Administration, approximately 21% of all crashes in the U.S. are weather-related, with rain being the leading factor.
3. What Duty of Care Means During Bad Weather
Every driver in Texas has a duty of care—a legal obligation to drive safely and avoid putting others at risk. This duty doesn’t change because of rain, sleet, or fog. In fact, drivers are expected to be even more cautious in bad weather.
Examples of exercising reasonable care during poor weather include:
- Reducing speed below the posted limit when roads are slick
- Increasing following distance
- Using headlights and fog lights in low visibility
- Avoiding sudden braking or lane changes
- Keeping windshield wipers and tires in good condition
Failing to follow these safety practices can constitute negligence. It’s not about the weather—it’s about how a driver adapts to the weather. If an injury results, explore your rights further by reviewing our guide on how car accident injuries impact liability.
4. How Comparative Fault Applies in Texas
Texas follows a modified comparative fault rule. This means that more than one party can share responsibility for an accident. However, you can only recover damages if you are less than 51% at fault.
Example Scenario:
- Driver A is speeding during a thunderstorm.
- Driver B switches lanes without signaling.
- They collide.
A court might find Driver A 60% at fault for driving too fast for conditions, and Driver B 40% at fault. In this case, Driver B could recover 60% of their damages. But if Driver B had been 51% or more at fault, they would be barred from recovery.
5. Evidence Used to Prove Fault in Weather-Related Accidents
Proving fault when weather plays a role requires careful evidence gathering. Key elements may include:
- Police Reports: Officers often note weather conditions and any citations issued. This can help establish whether a driver failed to adjust to the conditions.
- Witness Statements: Bystanders can describe whether the driver was speeding, tailgating, or appeared to lose control.
- Dash Cam or Surveillance Footage: Visual evidence may reveal unsafe lane changes, brake usage, and speed.
- Accident Reconstruction: Experts analyze vehicle positions, skid marks, and impact angles.
- Weather Data: Official weather reports can help confirm rain, fog, or ice conditions during the crash.
Important Note: Delays in gathering evidence can reduce the chances of proving liability. It’s critical to consult a lawyer early. Learn more about building your case in our article on steps to prepare for an injury lawsuit.
6. Insurance Company Tactics and Weather Blame
Insurers may try to blame the weather to reduce or deny your claim. They might argue the crash was an “act of God,” suggesting no one could have prevented it. This is a common tactic to minimize payouts.
However, weather alone rarely absolves a driver of responsibility. A skilled personal injury lawyer can challenge these arguments by showing that the at-fault driver failed to adjust their driving accordingly. In some cases, insurers might even assign partial blame to the injured party—unless your attorney pushes back.
Pro Tip: Never accept a settlement offer without legal review if the insurance company blames the weather. If you’ve already received a lowball offer, consider reading our warning about why you shouldn’t accept the first settlement offer.
7. What to Do After a Weather-Related Car Accident in Texas
If you’re involved in a crash during bad weather, here are the steps to protect your health and legal rights:
- Call 911 to report the accident and request medical assistance.
- Document the scene with photos or video of road conditions, vehicles, injuries, and surroundings.
- Collect information from other drivers and witnesses (names, contact, license plates).
- Seek medical treatment even if injuries seem minor. Some symptoms appear after a delay.
- Avoid admitting fault at the scene or in conversation with insurers.
- Consult a personal injury attorney before speaking to insurers or giving recorded statements.
Following these steps can preserve crucial evidence and improve your chances of receiving compensation. To understand more about the medical aspect of claims, check our post on what to expect during accident-related medical care.
8. Liability Involving Commercial Drivers and Government Entities
Weather-related accidents involving commercial trucks or government vehicles add another layer of complexity. In these cases, additional parties may be liable:
- Trucking Companies: If a commercial driver was rushing to meet deadlines or ignored safety regulations.
- Municipalities: If a government entity failed to treat icy roads, clear floodwater, or maintain signage.
These cases often require swift legal action and investigation. Eric Ramos Law, LLC can help you determine whether third-party liability exists in your situation. For more insights into commercial vehicle claims, read about trucking accidents in Texas.
Final Thoughts: Weather Isn’t Always to Blame
While adverse weather conditions can create dangerous driving environments, they don’t remove a driver’s responsibility to act with caution. Liability for car accidents in Texas depends on whether a driver acted reasonably given the circumstances.
If you’ve been hurt in a weather-related crash and you’re unsure about fault, reach out to Eric Ramos Law, LLC. Our team will evaluate the details of your accident, gather crucial evidence, and help you fight for the compensation you deserve.
Contact Us Today
Visit ericramoslaw.com or call (210) 404-4878 for a free consultation.