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  #1  
Old 08-28-2001, 04:16 PM
elizabethsalter
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Auto Accident Hydoplaned


My husband was driving with me and my daughter It was raining and we hydroplaned. We had a terrible accident we rolled and crashed ect.....
We have been told that there has been several accidents in the same place when it rains due to the road. Is there anything we can do? We also have alot of medical bills ect.??
  #2  
Old 08-28-2001, 04:23 PM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
My response:

Sure.

See a Personal Injury attorney to determine whether it would be advisable to make a Governmental Claim for Damages against the Texas Department of Highways.

IAAL
  #3  
Old 08-29-2001, 08:33 AM
happy&lucky
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My response is:

You have to start being an invsetigator....

You need to start by going to the highway dept, and seaching accident reports to see how many other accidents there were at that spot, its public records, see if that area is listed as a bad intersection or a high accident area.

You need to go back to the scene of the accident and take lots of pictures of the roadway, the curbing the edge of the road does it drop off into the gutter lane , if there is a drop off,your tires will get caught off guard and lose traction, just enough to hydroplane..... are there any storm drains that are raised above the road surface causing flooding, is the road painted well, is the road lighted, you must look at all the aspects of the road and surrounding conditions and hopefully get a better idea of what might be a defective road condition..

if the road is not well lighted or painted just a quick swerve of your steering wheel will make the car lose traction..

Someone will have to do all of this anyway, and you might have to pay someone to do it, so why not learn about investigating your own accident and maybe save some $$$ in the process.

Thats how I got out of having the insurance company blame me for an accident, and i was only 19, at the time the road was not painted well so you couldnt see the gutter lane and there was a 2 inch drop off from the main road suface, and the gutter lane, my tires lost traction an i hydroplaned.... but then i had a BIG plymouth station wagon which probably saved me from any injury.

The road surface AND the gutter lane was both concrete, and that coupled with the rain and lack of painting and the uneven roadway, made it impossible to tell where one started and the other ended..

Last edited by happy&lucky; 08-29-2001 at 08:42 AM.
  #4  
Old 08-29-2001, 12:24 PM
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Join Date: Jan 2001
Posts: 12,066
I will give you a reason why you will not succeed in a lawsuit. The jurisdiction will bring in a traffic engineer who will state under oath that the safe speed limit on that road while raining is 10 mph. When asked, your husband will state he was driving the speed limit. The defense attorney will do his best TV lawyer impersonation and state that the plaintiff is at fault because he was driving too fast for the conditions and that the jury should find for the defense. I just witnessed the above in court and it took the jury 15 minutes to find for the county in the above example. They will also use figures such as that 30,000 cars pass that point each year on rainy days and that there were a total of 10 accidents in that year putting the accident rate at well below 1 percent which is the state standard for road safety.
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