Do I Have a Personal Injury Case if My Car Hydroplaned?
Many people assume that if their car hydroplanes, skids on ice, or spins out, they automatically have no legal options. In Texas, personal injury claims are based on fault, meaning you generally must pursue another driver or party who caused the accident to receive compensation. If your accident was purely the result of weather conditions or driver error on your part, you typically cannot file a traditional personal injury lawsuit against another individual. However, this does not necessarily mean you are without options for covering your medical expenses or other losses.
One potential source of compensation is Personal Injury Protection (PIP) coverage, which is offered through some auto insurance policies. PIP is a type of no-fault coverage designed to pay for medical expenses, lost wages, and certain other costs regardless of who caused the accident. The amount covered by PIP varies depending on your policy but is usually between $2,500 and $10,000. If you have PIP coverage, it may provide reimbursement for injuries sustained in a hydroplane accident even if no other driver was involved.
In addition to PIP, your health insurance may help cover medical bills resulting from the accident. If you were working at the time of the incident, workers’ compensation may also apply, particularly if the accident occurred during work-related travel. In some cases, there may even be third-party liability. For example, if the hydroplane or skid occurred due to poorly designed road conditions, inadequate maintenance, or defects in the roadway, you might have a potential claim against the state or contractors responsible for road design and upkeep. These types of claims are more complex but could provide additional compensation if pursued correctly.
Documentation is critical in hydroplane and no-fault accident cases. Even if no other driver was involved, having a police report, medical records, and evidence of the accident can strengthen your claim with insurance companies or other parties. An experienced personal injury attorney can review your situation, determine if a third party may be liable, and guide you through the process of obtaining all available compensation. Hydroplane accidents can sometimes have hidden avenues for recovery, so consulting an attorney ensures that no potential claims are overlooked.
