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Negligence may be hard to prove in a car accident on an icy road

Every year at this time, the Texas Department of Transportation warns drivers about the dangerous conditions they may encounter when driving on icy roads. While some drivers may be extremely cautious on icy Texas roads, it is not uncommon for others to believe they can travel at regular speeds. Such negligence may cause a car accident, leading to severe injuries or death for the negligent drivers and other motorists.

Injured victims of such accidents, or family members of fatally injured accident victims, may choose to pursue recovery of damages incurred from the incident. In order to pursue compensation, they will have to prove negligence on the part of another party. Evidence may include operating a vehicle in a way that disregards the hazards posed by adverse weather conditions. For example, the speed limits that are posted along the roads set maximum traveling speeds for normal conditions, which can make drivers who fail to take weather conditions into consideration when deciding on a speed negligent.

The most dangerous areas are shaded areas, overpasses, ramps and bridges that tend to freeze over first. Sudden braking or acceleration on surfaces that could be icy can cause vehicles to skid, resulting in serious accidents. Drivers who cause accidents after careless braking or accelerating could be considered negligent. 

Unfortunately, proving negligence as the cause of a car accident during extreme weather in Texas may prove to be difficult. For this reason, injured victims or surviving family members may find the knowledge and experience of a personal injury attorney invaluable. Such a professional will have the resources to investigate the accident, including using the services of an accident reconstructionist to obtain the necessary evidence to support claims of negligence in a personal injury or wrongful death suit. A visit to our personal injury website may provide more information on legal remedies after car accidents.

Source: txdot.gov, "Winter Travel", Nov. 7, 2014

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