Cameron County Personal Injury Attorney J. Gonzalez
by Benjamin Treviño | June 23rd, 2025 | Auto Accident, Blog, Driving Tips, General, Personal Injury
Does weather affect personal injury liability claims?
Weather conditions can have a significant effect on claims resulting from car accidents, but it’s important to note that the key factor in any claim is negligence.
Negligence has four components, all of which must be proven for claims to succeed.
Duty of Care
Duty of care means that everyone who operates a car on a public road has a duty to act in a way that demonstrates their awareness of and caution for others.
Breach of Duty of Care
When someone violates that duty of care it means they have breached their duty to everyone else on the road.
Causation
The person who was injured must connect the breach of the care of duty to the accident, and they must demonstrate that it was the accident that resulted in the injuries in question.
Damages
Damages can include physical injuries, property damage, financial losses (medical expenses, lost wages), and possibly pain and suffering.
Weather
Weather conditions can complicate the equation by adding unusual conditions to the drive, some of which the driver may be unaware of. However, drivers are expected to be aware of weather and road conditions. If either is bad, drivers should not go out. If they must, they should take additional precautions. It can be difficult for drivers to defend their driving in bad weather when it leads to an accident.
The weather can be used against someone who caused an accident for the following reasons:
- They shouldn’t have been driving in the poor weather.
- They didn’t leave enough space between their vehicle and others on the road.
- They didn’t have their headlights on in cases of fog or heavy rain.
- They were driving at unsafe speeds, which may mean driving more slowly than the posted speed limit. Speed limits are meant for ideal driving conditions, not situations with bad weather that cause dangerous road conditions.
Contact J. Gonzalez
If you’ve been in an accident and the other driver tries to claim that only the weather was at fault, you need to get the best personal injury attorney on your side. That attorney is J. Gonzalez and his team of expert personal injury lawyers.
Personal injury cases can be highly complex, especially if bad weather is involved. Our team of experienced, knowledgeable personal injury attorneys knows how to approach these complexities to understand how they’ll affect the overall claims process. We can review the specifics of your accident and injuries and help determine an approach for the best possible outcomes.
Reach out to us today via this website or by calling 1-800-CAR-CRASH.
Los Fresnos crash leaves three critically injured
By: Benjamin Treviño
LOS FRESNOS – Los Fresnos police say alcohol and the weather may have been factors in a crash that left three people critically injured.
The two-vehicle crash happened about 7:30 p.m. on Highway 100 just east of the city.
Los Fresnos Fire Chief Gene Daniels reported that a green pick-up truck was driving toward South Padre Island when it lost control and crashed into an incoming pickup truck occupied by two people.
It was raining at the time of the crash, according to police, but it remained unclear if the weather caused the driver to lose control. Police indicated alcohol may have been a factor, but did not elaborate.
A total of five people were hospitalized following the crash. Among those hospitalized were a 2-year-old child, a 23-year-old woman, and an adult male. All three are in critical condition, police said.
The two other people were hospitalized with minor injuries, police added.
