If you’ve been injured in an accident due to a trucker’s failure to adjust their driving behavior to the poor weather, then the company or the driver may be liable for your injuries. A qualified and experienced truck accident attorney can advise you on which types of damages you should file a claim for, and who the responsible party is.
Truck drivers must use extreme caution when driving in conditions that affect visibility, such as:
Other conditions, such as high winds and steep slopes, can throw a truck off-balance or cause it to “run away” when going down the side of a mountain. And when roads are slippery, these already precarious conditions become far worse.
Wet, soggy, or icy road conditions make it very difficult to maintain control and traction on the road. Driving a truck is already dangerous due to several factors, including inertia. This is the concept in physics that an object in motion stays in motion until a force is applied to it. Because of the weight and speed of trucks, it takes them a lot longer to accelerate and slow down. Severe injuries from rollovers overrides, sideswipe and intersection accidents can occur when a truck, moving at high speeds, hits another object or patch of ice.
Truckers’ Obligation To Stay Safe
In order to prevent an accident, truckers are allowed to discontinue operating their vehicle and to wait to resume driving until conditions improve enough to be safe, according to the U.S. Department of Transportation. The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry and has a set of rules or guidelines that truckers should use to evaluate whether or not driving is safe. Before continuing to drive in harsh weather, professional truckers are to ask themselves the following questions to evaluate road conditions:
- How much weight am I carrying on my truck, and how is the weight of my cargo distributed?
- Am I going to be driving in the mountains or where there are steep inclines?
- Have other truckers warned me about this road? Do they report having difficulty with controlling their trucks?
- What is the current condition my brakes are in?
What To Do If You’re In A Trucking Accident Due To Bad Weather
If you are in a trucking accident due to bad weather, then it may take longer for police and first responders to arrive due to the conditions. Because of the poor weather, there may be other accidents or traffic light outages, and law enforcement officers are stretched out responding to various emergencies. You will need to exchange information with the truck driver, including their name, the company they drive for, their phone number, their license plate number, and the number for their company. Sometimes on the back of trucks, there are specific 800 numbers to report bad driving directly to the company.
If you have been injured then it is imperative that you seek medical treatment, even if your injuries were minor. This is the best way to ensure that you didn’t suffer internal bleeding or other serious side effects. Next, you will want to call a lawyer. If you are a victim of an override accident then you will need a personal injury attorney who will fight for you to receive the compensation you deserve for your:
- Medical bills
- Lost wages
- Lost future earnings
- Damaged property (car, bike)
- Pain and suffering