Do I Still Have A Legal Case After A Truck Accident If The Driver Blames The Weather?

Law Blog

Getting into an accident with a big commercial truck can be very scary, especially if it's an 18-wheeler or otherwise carrying or towing a large load. If you were injured in a run-in with a commercial truck, you might be entitled to financial compensation. 

That said, it is true that winter weather can introduce a bit of a wildcard when it comes to assigning blame in a truck accident. If your accident took place on snow or ice covered roads, here are some tips to keep in mind.

Truck Drivers Are Required to Pay Close Attention in Rough Conditions

Yes, it's true that the truck driver did not intend for the ice to cause their vehicle to slide. But was the driver still going at or above the speed limit at the time that he or she hit the ice? There are both federal and state laws out there that require commercial drivers to use additional caution when driving under hazardous conditions. Some states even specifically state that the truck driver's speed limit should be lower by a certain percentage or amount. If you can prove through evidence like police documentation that the truck driver was speeding or otherwise driving above what would be considered a "safe" speed for the conditions, you will have a strong legal case.

Was the Truck Driver's Company Negligent to Send Them Out Under Bad Conditions?

There is also an expectation that trucking companies will do right by their employees and allow them to rest and prepare properly before heading out on the road, and this is especially true if the driver will need to haul through a storm. If you can obtain the truck driver's recent log, you will be able to see if they were being overworked before the accident. You may, in this case, be able to go after the trucking company for negligence.

For Best Results, Contact a Truck Accident Lawyer

In short, the roads being slippery is not a valid excuse for a commercial truck getting into an accident. You can still prove that the driver was either driving recklessly or not paying attention or that the company they work for did not do all they could to maintain a safe driving environment. Either way, you will want the help of a professional attorney on your side. A local truck accident attorney will be able to help you assess the situation and select a viable legal path forward


29 February 2020

Knowing Your Legal Rights Can Help You Greatly in Life

Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!