Flash Flood Car Accidents
Unfortunately, Hurricane Harvey revealed the vulnerability of Texas infrastructure to major flooding events. While Hurricane Harvey was (hopefully) a once-in-a-lifetime storm, other flooding events occur in major cities like Houston after extensive rainfall on a regular basis. Floods are one of the most common causes of property damage to cars, and flooding on the roads can increase the likelihood of auto accidents. In some cases, a flash flood car accident can result in a personal injury claim that could result in some form of legal recovery.
Car Flooding Accident No Injuries
Flash flooding can cause significant damage to vehicles. This is particularly true for vehicles that sit close to the ground. Unfortunately, however, there is often no particular party at fault for a flooding incident. Floods are acts of nature, and therefore a flood does not create legal liability on the part of another person absent some type of accident. If your vehicle is covered by flood insurance, you may be able to recover the cost of the damage from your insurer, but otherwise, a flash flood accident will not result in legal liability for anyone.
Accident Injury Claims in Auto Accidents During Flash Floods
The basis of personal injury law in Texas is what is known as “tort” law. Tort law is based on the idea that the person who caused the injury should be legally liable for that injury and has to answer for it in court. A party that caused an injury must compensate the victim of that injury and make him or her whole after the accident. In auto accident cases, the tort principle known as negligence requires the driver that caused the accident to help pay for the victim’s injuries.
Auto accidents that occur during flash floods are generally complex personal injury cases. For a driver to be considered negligent under Texas law, the driver’s carelessness must have proximately caused the accident. The nature of a flash flood is that it makes roadway conditions more dangerous. A driver who hydroplanes on a wet roadway is not necessarily negligent. However, a driver can still be held liable if he or she knew of the flooding conditions and failed to exercise due care and caution.
If a driver is careless while driving through flood conditions, that driver may be liable for any injuries he or she causes. Some of the most common causes of driver negligence in flood situations are following too closely, not using proper signals, and distracted driving, such as texting while driving in the rain.
Damages and Compensation in Personal Injury Cases
Like other types of personal injury claims, injuries caused by others are compensable in court. The type and amount of personal injury damages will vary on a case-by-case basis, but will generally be tailored to fairly compensate the victim for his or her injuries after the accident. Damages that can be recovered include medical bills, lost wages, and pain and suffering.
Houston Auto Accident Injury Lawyer Ready to Help
If you or a loved one was hurt in a flash flood car accident, take action and reach out to a Houston auto accident injury attorney. The law firm of Michael P. Fleming & Associates is here for you. Contact our office today to schedule a free case review 713-221-6800.