While trying to get from one destination to the next, it is common for something to block or obstruct your view. Whether it’s a telephone pole, overgrown tree limbs, or a sign, located at the end of an intersection, the obstruction can lead to a car accident, leaving drivers with serious injuries.
If you were involved in a car accident because a driver had an obstructed view, contact a Houston car accident lawyer at Johnson Garcia, LLP as soon as you can.
So, who is responsible for this type of accident? And what does the law in Texas have to say about it?
Common road obstructions that can cause a car accident
Anything that blocks your view or puts the road out of your line of sight can be considered an obstruction. Reasons for obstructed view may include:
- Traffic signs
- Highway construction signage and materials
- Tall bushes
- Rear-view window hangings like air fresheners and masks
- Dark, tinted windows
- Boxes or furniture in the back of the car
- Cracked windshield
These are just a few of the examples of items that can cause line of sight car accidents. All drivers have a duty to practice safe driving habits and help keep Texas roads, drivers and even pedestrians safe.
What does Texas law say about road obstruction?
What is an obstruction in driving?
All drivers should have a decent view of the road to control the vehicle and prevent an accident. Here’s what Texas law has to say about road obstruction:
- Driving cars with objects that block road view is illegal. Drivers are not permitted to use objects that will prevent clear view of the road. This means stickers and advertisements, like car wraps.
- Overloaded or crowded cars are illegal. Texas Transportation Code Section 545.417 states that a driver may not operate a car that is so loaded that the driver’s view to the front or the sides of the vehicle is obstructed. If something interferes with the driver’s control of the vehicle, it should not be operated.
- Passengers should not block line of sight while driving. Did you know that passengers can also contribute to blocked views while driving? In Texas, a passenger in a vehicle may not ride in a position that blocks the driver’s view to the front or sides. Or if the passenger interferes with the control of the vehicle, the car should not be driven.
When this happens and someone is injured, the at fault-driver may receive a fine for distracted driving, and the accident victim could have a legal case.
If you’re the victim of an auto collision involving the obstruction of a roadway, contact a Houston car accident attorney for proper guidance in bringing a case or claim. This is a unique and complex type of case that requires the expertise of a legal professional with decades of experience.
Who to hold liable for a car accident caused by a road obstruction
Several people can be responsible for the accident and causing your injuries. A list of possible people you may want to file a claim or lawsuit against include:
- The other driver
- A company
- The city or government
- A homeowner
The legal process is different depending on who is responsible. Sometimes determining who to blame is difficult because liability could be spread amongst multiple parties. But our Houston injury attorneys know how to determine fault.
If the other driver caused the accident, his insurance company may cover the damages. You may expect a car accident settlement without stepping foot in court. Because insurance companies use sly tactics, you may get paid less than what your claim is worth if you don’t have a qualified Houston car accident attorney in your corner.
But if a company or governmental entity is responsible, you should file a claim against the government for the car accident within 90 days. If you don’t, you risk being disqualified from being compensated for the damages related to the accident.
When it’s a homeowners fault for planting a bush that blocks the view of the road for drives, he can be sued personally. But this could turn into a different legal matter called a premises liability case.
Damages and compensation for a car accident caused by an obstruction
You could recover damages for your injuries in a road obstruction or line of sight car accident. The medical expenses that pile up, lost wages from work, pain and suffering, and more could all be a part of your claim. And if the car accident turned out to be fatal, a wrongful death case can be filed. You’d have two years to file your personal injury case and your wrongful death suit.
Our Houston car accident lawyers will help you navigate your road obstruction accident
Obstruction cases are not cut and dry. They can be tricky to navigate in court. What you need is a well-versed Houston car accident attorney by your side with over 30 years of experience in handling these types of cases. Contact Johnson Garcia LLP at 832-844-6700 to schedule your free consultation and take comfort in knowing you’ll pay nothing unless we win.