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Lucy: Hi Jason, when my daughter was driving home last week this lady lost control of her car and it hit my daughter’s car. She then slid off the road herself and spent a few days in the hospital. I know that lady didn’t mean to hit my daughter, but at the same time, it’s not my daughter’s fault either. Could she sue the lady for this?

Jason: This is a great question, Lucy. Thanks for asking and yes, she can still pursue compensation from the lady who hit her.

Lucy:  So even if the lady was doing everything right? I mean, if she wasn’t speeding or looking at her phone, or anything like that, she can still be held liable with ice?

Jason: Correct. Ice is not an excuse for causing an accident. Drivers are expected to monitor weather and road conditions. When the temperatures drop and there is precipitation, you run the risk of encountering icy roads and should take the necessary precautions.

Lucy: What do you mean by necessary precautions?

Jason: Well, in icy conditions you shouldn’t drive unless you really have to. And when you do, it’s best to drive below the speed limit and pay close attention to the road. You should also check the local news for road conditions and try to avoid things like hills and bridges if possible.

Lucy: I’m not sure that my daughter was doing all of this – she was just trying to get home from work.

Jason: Yes, but it doesn’t sound like your daughter caused her accident. If the other driver collided with her causing her to slide off the road and sustain injuries, then she has every right to pursue compensation for her injuries, time off of work, medical expenses, and more.

Lucy: So if this is pretty cut and dry, does she need a lawyer? Or can she work directly with the insurance to get her bills covered?

Jason: Lucy, I highly recommend that she hires a lawyer to do the negotiating. It’s common for insurance companies to use every trick in the book to reduce the amount they have to pay. They may even use the defense of unavoidable accident to flat out deny her claim since ice was involved. But the reality is that most accidents are avoidable, even ones like your daughters. An experienced lawyer could help her fight for what she deserves.

Lucy:  It sounds like she needs a lawyer for this. But the cost to hire one may be too much for her.

Jason: You can find an experienced personal injury lawyer to take on her case without any upfront costs. It’s called contingency. I don’t charge my clients a dime unless we win.

Lucy: Thank you for your help, Jason!

DeSouza Law firm is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at

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