Inclement Weather
Last Updated : February 11, 2022

Beaumont Inclement Weather Truck Accident Attorneys

Truck accidents that happen because of bad weather can be disastrous, especially when one party in the crash is a 40-ton commercial truck. An insurance company or a trucking company might tell you that inclement weather is an acceptable excuse for a truck accident, but don’t be fooled.

Truck drivers are responsible for the safe operation of their vehicles regardless of the weather conditions. In fact, the term “accident” is misleading—many times a crash could have been avoided if one or both drivers were less negligent.

A truck driver may have received improper training for driving in poor conditions, or they could have felt pressure to continue driving in unsafe conditions to meet the trucking company’s deadlines.

If you or a loved one were involved in a poor-weather crash in the Beaumont area, your damages can be compensated if the truck driver and/or the trucking company are found to be at fault for the accident.

At Portner Bond, PLLC, we know that, after an accident involving a truck, your life can be shattered and the damages can be devastating. We’re committed to providing one-on-one compassionate care for every truck accident victim that we work with, and we’re also determined to do everything within our power to help you win your case.

To work with the team of experienced professionals at Portner Bond, PLLC, call us at (409) 838-4444 for a risk-free consultation today. Remember, if we don’t win your case, you don’t owe us anything.

Why Do I Need a Lawyer?

Trucking companies can pressure their truck drivers to push through unsafe weather conditions in order to save money and meet deadlines, so it’s very likely that they will also try to minimize their costs after you file a personal injury lawsuit against their drivers and/or them. In addition, their insurance companies are determined to pay as little as possible when you file a claim.

Unfortunately, it’s not simple to prove that a bad-weather accident was the truck driver’s or trucking company’s fault. Truck accident laws regarding negligence and liability are complex, especially in Texas. You need an attorney on your side to help you collect the right evidence and to prove the negligence of the other driver.

Retaining legal counsel can increase your compensation by about three times more than you might receive without legal counsel.  Additionally, when you have a truck accident attorney working with you, they can carry the legal stress and burden, so that you can focus on recovery.

Call Portner Bond, PLLC at (409) 838-4444 now for a no-cost consultation about your bad weather truck accident case.

Why Choose Portner Bond, PLLC to Defend Me?

Christ Portner and Trent Bond are members of the Million Dollar Advocates Forum, as well as the Multi-Million Advocates Forum, which are some of the most highly-acclaimed groups of attorneys in the nation. Their team of lawyers collectively has thousands of cases and decades of experience under their belts and has an impressive track record of success serving the members of the Beaumont area community. Don’t spend precious time and energy worrying about who to ask for help with your personal injury case. Call (409) 838-4444 today to let us start helping you with your truck accident case.

Types of Inclement Weather Truck Accident Cases We Handle

Inclement weather truck accidents can happen for a number of reasons, including:

  • Precipitation (rain, snow, hail, sleet)
  • Wet roads
  • Ice
  • Wind
  • Fog

Truck accidents can also happen because of:

  • Improper vehicle maintenance
  • Speeding
  • Distracted driving
  • Fatigue
  • Improper training for driving in poor weather
  • Failure to stop driving when road conditions became unsafe

If the truck driver’s negligence caused your inclement weather accident and you sustained losses from the accident, you can claim compensation for any of the following:

  • Medical bills (testing, strained muscles, burns, fractures, breaks, internal organ damage, paralysis, lacerations, or injury of the brain, neck, or spinal cord)
  • Lost income due to unemployment/missed work
  • Lost potential income (either because you can’t return to your previous job or because your injuries have left you unable to work at all)
  • Vehicular damages
  • “Pain and suffering” or “mental anguish”

If your loved one was killed in an inclement weather truck accident, you can file a wrongful death lawsuit to recover losses such as funerals, lost income, or loss of companionship.

Frequent Asked Questions

What should I do if I have been involved in an inclement weather truck accident?

  • See a doctor right away. You’ll need an official medical report as evidence in your case. Have a medical professional give you a full-body checkup since you might not be aware of some injuries until later. If you wait until you start noticing problems yourself, it might be too late to get the insurance company to accept your injury claims.
  • Call law enforcement and get an accident report.
  • Exchange insurance information with the truck driver. However, wait until you have consulted with your attorney before discussing any details of the case with the truck driver’s and/or trucking company’s insurance representatives.
  • Take pictures of the accident, the truck (including license plate, DOT number, and company), weather conditions, injuries, and any people involved.
  • Get names and contact information from witnesses to the accident.

How long do I have to file a lawsuit after my inclement weather truck accident?

The Texas statute of limitations states that you have two years from the date of the accident to file a personal injury lawsuit.

How much compensation will I be able to recover?

In inclement weather truck accidents, sometimes both drivers may be at fault. You can claim compensation for whatever percentage of the crash was the other driver’s fault according to Texas’s “modified comparative fault” rule. This rule uses two factors to determine the amount the defendant must pay you:

  • The total cost of your damages (the sum of medical bills, lost income, vehicle damages, pain, and suffering, or wrongful death)
  • How much the defendant was at fault (for example, the trucker might be 75% at fault and you might be 25% at fault)

To calculate the damages owed, take the defendant’s percentage of fault and multiply it by the sum of the damages. For example, if total damages added to $100,000 and the trucker was 75% at fault and you were 25% at fault, you would receive 75% of the total damages awarded ($100,000 – $25,000 = $75,000).

You may also be able to sue the truck driver and/or the trucking company for damages. Punitive damages require the defendant to pay you an additional fee beyond your simply economical losses as their punishment for negligent behavior.

In Texas, you can only collect punitive damages up to twice the value of your economic damages. Talk to your Portner Bond, PLLC attorney about your options for filing a punitive damages lawsuit against the defendant(s).

If your responsibility for the inclement weather truck accident is 50% or, you cannot claim any damages in the accident. Your attorney can help you estimate your percentage of fault in an initial consultation.

How much does it cost to hire an attorney from Portner Bond, PLLC?

You pay us nothing unless you win compensation. If we win your case, we’ll take a small percentage of your compensation, with the percentage depending on how much time we spent on your case. The time spent on your case might depend on whether extra effort/time was needed to conduct the investigation or if you appealed the decision in your case.

We’d love to start with a free initial consultation so we can help you know what to expect from us—no surprises. After listening to your story and getting familiar with the details of your case, we can get an idea of what will be required to win the lawsuit and we’ll give you an honest and up-front quote.

Studies show that the average compensation from a personal injury lawsuit increase when the claimant works with an attorney, so consider the choice to collaborate with us as a personal investment. Get your competitive quote today by calling Portner Bond, PLLC at (409) 838-4444. We will share our wealth of experience and knowledge about inclement weather truck accidents in the Beaumont area.

Inclement Weather Truck Accident Statistics

In 2016, the U.S. Department of Transportation Federal Highway Association (FHWA) released a report with the following statistics:

  • Inclement weather crashes accounted for 21% of all accidents
  • About 5,000 people die from inclement weather accidents each year
  • About 410,000 people are injured from inclement weather accidents each year.

More specifically, the Texas Department of Transportation released a report in 2018 with the following information:

  • Inclement weather was a factor in 12% of all accidents statewide. Texas might have a lower rate of crashes than the national average due to warmer weather.
  • Rain is the most common cause of accidents, probably due to hydroplaning. Of all accidents involving poor weather, 87% were in rainy conditions.
  • Of all accidents involving poor weather, 4.2% involved foggy conditions.

Contact an Inclement Weather Truck Accident Attorney in Beaumont

If you or a loved one have been injured or killed in an inclement weather truck accident in the Beaumont-Port Arthur Metropolitan area, you need to take action now. Texas law leaves a limited time window to file a personal injury lawsuit after an inclement weather truck accident, so don’t wait, and don’t leave your case in the hands of any but the best.

Portner Bond, PLLC has all the resources to help you win your inclement weather accident lawsuit. Reach out to a legal representative from our firm at (409) 838-4444 or schedule an appointment today.