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I was injured in a truck accident that may have been caused by bad weather. Can I file a legal claim?

Posted February 8, 2019 | News

Truck Accident Lawyer

Driving in any poor weather condition such as rain, fog, or snow can be a challenge; however, as a truck accident lawyer, our firm does not believe it can be used as an excuse for a collision – especially by an occupational driver. Commercial trucks like big rigs, tractor trailers, construction trucks, delivery trucks, and government trucks may be on the road or 60-70 hours per week. The chances of these drivers having to drive through all sorts of weather conditions is very high. As a result truck drivers tend to have some of the most experience in driving in poor weather conditions which means they should know what to do and when it is no longer safe to be on the road.

Poor Weather Regulations for Truck Drivers

Truck drivers must adhere to many rules and regulations that are much stricter than drivers in a passenger vehicle. Part of these regulations pertains to poor weather. A general overview of them suggests that truck drivers must:

Exercise Due Caution – When the driver is operating the commercial truck in any hazardous condition, such as one caused by snow, ice, sleet, fod, rain, smoke, dust, mist, or any other vision impairment, they must exercise due caution. Their speed should be reduced, and if the conditions worsen, they should pull off the road and discontinue driving until the conditions clear. It is possible for the driver to operate the truck until the nearest point at which the safety of them and any other vehicle is insured.

Whenever poor weather conditions are used as the excuse of the accident, a truck accident lawyer may determine whether or not the aforementioned regulation was followed. Furthermore, a lawyer may investigate whether the states’ CDL guidelines were adhere to. For example, in most states the following guidelines apply:

  • If at all possible, the truck driver should not drive in fog.
  • If the roads are very slippery, the truck should not be operated.
  • Speed should be reduced on wet roads.
  • Brakes should be tested in any potentially hazardous weather conditions.

When a Truck Driver Breaches Their Regulations

One of the most common reasons for accidents to occur in poor weather is due to the pressure on the driver to deliver their cargo as quickly as possible, and regardless of the safety implications. All too often truck drivers will disregard the weather and continue driving even though they may be breaking the state and federal regulations. If this is found to be true, the truck driver, truck company, and other party’s may be found negligent.

If you are the victim of a truck accident that occured in poor weather, it is important you retain an experienced truck accident lawyer Washington, DC offers who will take the time to investigate why the driver was one the road at that time. These cases tend to be complicated so its prudent you choose a lawyer who understands the regulations, in addition to laws and procedures. Consult a knowledgeable truck accident lawyer today.

 


 

Thank you to our friends and contributors at Cohen & Cohen, P.C. for their insight into personal injury cases and truck accidents.