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Who May Be Liable for an Accident Due to Low Visibility?

Posted on behalf of Anderson Cummings on Oct 28, 2021 in Auto Accidents

Cars driving in fogWhen a car crash occurs due to poor visibility, an at-fault driver may be quick to try and deflect the blame for his or her negligent driving. He or she may claim the weather or some other condition obstructed visibility. Unfortunately, the deflection of blame may make it more complicated to pursue compensation for your injuries.

Our Fort Worth car crash lawyers are prepared to help you prove that another party may be responsible for an accident in low-visibility conditions, so you may recover the compensation you need for medical bills, lost wages and other damages.

Factors That May Affect Visibility

Visibility on the roadway may be affected by a variety of factors, both natural and man-made.

In Texas, weather events such as heavy fog or rainfall may be an issue during certain months of the year. Some other examples of conditions that can reduce visibility include:

  • Heavy snowfall
  • Wildfire smoke
  • Dust storms

Man-made structures or conditions may also cause low visibility in certain places. For example, some of the following could create obstructions on the roadway:

  • Failing to contain a construction zone
  • Failing to trim trees or hedges that lean into roadways
  • Failing to keep structures from obstructing roadways

Drivers Still Owe You a Duty of Care

Regardless of what the conditions of the road are, other drivers must uphold their duty of care to others. The duty of care means that a person must take reasonable precautions, given the situation they are presented, to prevent causing harm to others.

In other words, when visibility is either obstructed by an object or poor due to inclement weather conditions, drivers must take extra care to drive responsibly to avoid an accident. Drivers who fail to drive responsibly when visibility is poor could be held liable for damages.

For example, a driver who failed to turn on his or her vehicle’s headlights when there was thick fog could be held liable for your damages, even if you were the person who crashed into his or her vehicle.

Who Else May Be Liable for My Damages?

Liability for an accident due to low visibility may also fall to other parties who were not directly involved in the accident.

For example, a construction company that fails to properly contain its work zone or does not have the manpower to properly maintain a safe flow of traffic when the construction is difficult to contain could be held liable for your damages.

Additionally, government municipalities or even homeowners may be held liable for your damages if trees or hedges were blocking traffic signals or roadways, obscuring visibility. However, proving liability for an untrimmed bush may be more complex, so you should strongly consider speaking to a knowledgeable attorney.

Tips for Safe Driving in Low Visibility

It is always a good idea to take the necessary precautions to ensure your vehicle is visible when conditions on the road are poor. This includes things such as turning on your headlights in low-light settings and making sure to use your turn signals when making turns or changing lanes. If you need to stop on the roadside for any reason, you should always use your hazard lights to make yourself more visible to other drivers.

Watch your speed, too. When visibility is low you may have less time to react to obstructions on the road and maintaining a responsible speed could help you respond in time to avoid hitting another vehicle or an inanimate structure.

Call an Experienced Lawyer Today

If you or a loved one were injured in an accident when visibility was poor, you may need help proving that another driver is responsible for the crash.

Our attorneys have over 50 years of combined experience and are prepared to help you prove liability for a car accident due to poor visibility or other forms of negligence.

The consultation to discuss your legal options is free and there is no obligation to take legal action.

Call us today at (877) 920-9009 to get started.