Can I Sue After a Texas Crash Caused by Weather?

 Posted on September 19, 2025 in Car Accidents

Bad weather is a fact of life on Texas highways. Heavy fog on I-35, sudden rain on I-10, or icy bridges all create dangerous driving conditions during fall and winter months. Many people wonder whether a crash caused during these conditions is just an "act of God," leaving them without options for lawsuits or insurance claims.

While the weather itself cannot be controlled, the way drivers respond to weather makes the difference between an unavoidable accident and one caused by negligence. If you were hurt in a car accident in bad weather, speak with a Kennedy, TX car accident lawyer to understand whether you have options for compensation.

What Is an "Act of God" Defense in Texas?

Texas law recognizes an "act of God" as an event caused directly and exclusively by nature. If a crash is truly the result of weather alone, such as a tree falling on your car during a sudden storm, then no driver is liable. In these situations, you need to rely on your own insurance.

However, most weather-related crashes are not purely "acts of God." Texas drivers are expected to adjust their behavior when conditions are dangerous. That means slowing down, not following too closely, using headlights, or pulling off the road. When drivers do not adjust their driving for weather conditions, they can be held responsible for a crash they cause.

How Do You Prove a Crash Wasn’t Just an "Act of God"?

The key to recovering compensation after an accident in bad weather is showing that another driver’s choices made the situation worse. Evidence that may help includes:

• Crash reports noting that a driver was speeding, tailgating, or weaving in traffic 

• Witness statements describing unsafe behavior

• Photos or videos of the accident scene 

• Trucking company records that show drivers were pressured to stay on schedule despite bad weather

With this kind of proof, you can show that negligence played a role in your accident. Under Texas Civil Practice and Remedies Code § 33.001, you may recover damages as long as you were not more than 50 percent responsible for the crash.

Contact a Comal County, TX Bad Weather Car Accident Attorney

If you were injured in a highway crash during bad weather, do not assume it was only an "act of God." Another driver’s negligence may have played a major role. Contact a Kennedy, TX personal injury lawyer at The Bettersworth Law Firm today by calling 830-606-0404 for a free consultation. With decades of experience and a record of multi-million-dollar recoveries, we are ready to fight for the compensation you deserve.