The driver of the hydroplaning vehicle is usually at fault in a hydroplaning car accident. However, a manufacturer or the entity responsible for the roadway may also be liable if your hydroplaning collision involved vehicle defects or negligent road conditions.
Do Drivers Cause Hydroplaning?
According to Car and Driver, hydroplaning (or aquaplaning) happens when water causes a car’s tires to lose contact with the road’s surface. When hydroplaning occurs, drivers essentially lose control of their vehicle until the tires reconnect with the roadway.
In many instances, hydroplaning is the driver’s fault. This is because motorists can often avoid hydroplaning accidents by:
- Reducing vehicle speeds
- Avoiding puddles and standing water (when possible)
- Minimizing sharp turns
- Maintaining a safe driving distance in bad weather conditions (i.e., not tailgating)
- Maintaining proper tire pressure
- Replacing worn tires
However, sometimes a driver is not at fault, or other issues contribute to a hydroplaning car accident. A negligent vehicle or auto parts maker or private or government roadway owner may be at fault if your collision involved:
- Defective tires
- Faulty brakes
- Engine problems
- Poor road design
- Poor road maintenance
- Broken streetlights
- Defective traffic signals
- Obstructed road signs
How Can You Prove Liability for a Hydroplaning Accident?
Texas motorists have a legal duty to drive safely and adjust their behaviors to accommodate road and weather conditions. If you or your loved one suffered injuries in a hydroplaning car accident that a negligent driver or another liable party caused, you can seek financial recovery with an insurance claim or personal injury lawsuit. However, you must establish fault for your collision.
As mentioned, in most cases, liability rests with the driver of the hydroplaning car. A driver may be at fault if they failed to take the previously mentioned precautions to avoid hydroplaning or engaged in other negligent or reckless driving behaviors, such as:
- Drinking and driving
- Driving distracted
- Illegally passing or making improper lane changes
- Making an improper turn
- Failing to stop at a stoplight or stop sign
An attorney with our firm can help you prove fault by collecting evidence, locating and interviewing witnesses, and hiring case experts. Proof of fault for a hydroplaning car accident may include:
- Surveillance or dashcam video
- Eyewitness accounts
- Photographs of the scene of your collision
- Police reports
- Testimony from an accident reconstruction specialist or other subject matter experts
- Weather and road conditions at the time of your accident
- Vehicle and tire conditions
What Financial Losses Can You Recover After a Hydroplaning Car Accident?
If the car accident was not your fault, the liable party should pay your out-of-pocket expenses and pain and suffering. In general, you can recover:
- Medical damages. We can pursue awards for your current medical bills and future medical expenses, including but not limited to, the cost of ambulance transportation, emergency room care, hospital stays, medical procedures, physical therapy, rehabilitation, long-term nursing services, and any other necessary treatment resulting from your accident.
- Lost income. If your car accident injury requires you to take time off work, you can recover your lost wages, benefits, and earnings. We can also pursue awards for future lost income and loss of your earning potential if an injury prevents you from returning to your job.
- Pain and suffering. We can seek financial recovery for physical pain, mental anguish, emotional suffering, severe and disabling injuries, and loss of enjoyment of life.
- Property damages. We can pursue awards to pay for vehicle repairs or to purchase a new car if your damages constitute a total loss. We can also recover the value of other damaged personal property, such as electronics or jewelry. Additionally, a lawyer with our firm can help you identify various other losses the collision caused, such as rental car fees, the value of household services, and medical travel expenses.
- Wrongful death. If your loved one suffered a fatal injury in a hydroplaning car accident, we can help you pursue wrongful death damages. Recovery may include the deceased’s medical bills, funeral and burial expenses, lost income, lost future inheritance, and lost support, services, and care. We can also seek pain and suffering damages on behalf of surviving family members.
How Can Our Car Accident Lawyer Help With Your Case?
A lawyer with our firm can handle your insurance claim or lawsuit, allowing you to focus your time and energy on your health and your family. Once you become our client, we will:
- Identify your car accident losses and pursue the most advantageous financial recovery possible for your case
- Obtain physical evidence, case documents, and witness testimony
- Communicate with insurance agents and opposing attorneys on your behalf
- Represent you during meetings or court appearances and appear on your behalf when possible
- Draft and file your insurance claim or lawsuit
- Advocate for you at trial if necessary
Additionally, we can help you act before the statute of limitations expires. According to Texas law, you generally have twoyears from your hydroplaning car accident to file an injury or wrongful death case. However, your window may be shorter if your case involves a government entity. We can help you get started before time runs out.
Contact D. Miller & Associates, PLLC®, Today After a Hydroplaning Car Accident
Since 2002, D. Miller & Associates, PLLC® has helped our Texas personal injury clients seek justice. Our lawyers can help you establish who is at fault in a hydroplaning car accident and pursue the financial recovery you deserve. Contact us today for a free consultation.
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