Cold Weather Leads to Increase in Motor Vehicle Accidents and Slips and Falls
Statistics consistently show that both motor vehicle accidents and slip and fall accidents are more common in the winter in Texas. Let’s take a look at how the cold winter weather contributes to the increased risk of personal injury in the Lone Star State.
How Inclement Winter Weather in Texas Causes a Rise in Premises Liability Claims
If you’ve lived in Texas for any length of time, chances are good you’ve lived through an ice storm. In a 2023 interview, the state’s top weather person, state climatologist John Nielsen-Gammon, told reporters that residents living north of I-10 will typically see at least one day of freezing rain annually and people in the state’s panhandle routinely experience approximately three days of sleet or freezing rain every year. Whether it’s a buildup of ice over a few hours or the dreaded “black ice,” which can form almost instantaneously, cold weather is consistently tied to an increase in slip and fall accidents.
Authorities say that a number of factors contribute to the greater incidence of slip and fall accidents in Texas winters:
- Lack of preparedness—When temperatures dip below freezing, precipitation can freeze the moment it hits the ground. Pedestrians may observe rain but fail to realize that it’s become ice on the ground.
- Lack of footwear with traction—High heels and cowboy boots don’t provide good purchase in icy conditions.
- Black ice—This condition, where condensation or very thin layers of moisture freeze on contact with the ground, can be nearly impossible to see. The pavement may look normal but actually be treacherous.
- The mix of snow and ice—A light dusting of snow can mask slippery conditions just beneath.
In Texas, the owner or person in control of property owes a duty to anyone legally visiting the property. The extent of the duty is different, depending on the visitor’s status. If the visitor is a customer in a retail store, the highest duty is owed–the owner must inspect the premises and either fix any hazards or provide visitors with a warning of the danger. However, when it comes to a social guest visiting someone’s home, or a delivery person or repairperson going to a private residence, the owner has no duty to inspect the property for hazards. Still, if the property owner knows of any dangerous conditions, they must fix them or warn visitors. There is no duty owed to trespassers.
How Winter Weather Conditions Increase the Risk of a Motor Vehicle Crash
Getting behind the wheel of a car in snowy or icy weather requires substantial preparation to minimize the risk of injury. There may be an accumulation of snow or ice on windows, headlights, or the hood of your car. Cold weather can cause condensation or frost on the inside or outside of vehicle windows. You should thoroughly scrape and/or brush your car before you start down the road, and it’s a good idea to warm your car up long enough that your heat and defrost are doing their job.
Whether it’s snow, ice, sleet, or freezing rain, winter weather will also have an effect on your ability to control your vehicle. That includes stopping, starting, or maneuvering your vehicle around corners or between lanes. You can easily slide into the car in front of you or through an intersection and into the path of an oncoming car. Take a turn at too high a speed and you can quickly fishtail and run into a ditch or another vehicle. You’ll want to carefully monitor your speed, taking care not to travel too fast or too slow. (Driving too slowly can cause traffic congestion and lead to other dangers.)
Contact the Experienced Personal Injury Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have fought for the rights of personal injury victims throughout Texas for more than 40 years. Over the past four decades, we’ve recovered hundreds of millions of dollars for clients injured by the negligent acts of others, including people who have suffered injuries related to winter weather conditions in Texas.
We will be your advocate throughout the legal process, from the investigation of your accident and filing of a complaint through trial and final resolution of your lawsuit. Contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
