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Even when one is driving a small passenger vehicle, inclement weather is bad news. However, the risks are compounded for truck drivers who have to deal with controlling a huge vehicle in poor weather conditions.
It is shocking how adverse weather conditions can turn a very familiar route into something treacherous. Given the option, the safest thing for a truck driver to do in bad weather is to stop at a safe place and wait for the conditions to improve.
However, with deadlines to meet, commercial truck drivers end up putting their lives on the line by driving through inclement weather. In such cases, with a large number of commercial motor vehicle companies in the US currently, trucking accidents are more than likely to happen.
The unfortunate thing about truck accidents is that it is the innocent victims driving passenger vehicles that end up being injured or killed, even if the accident is caused by a car.
Who will fight for the rights of victims caught up in a bad weather truck accident? Powell Law Firm has the answer. The best truck accident law firm in St Louis is just one call away.
Responsibility of Truck Drivers in Bad Weather
Even in the absence of adverse weather conditions, truck drivers have a huge responsibility on their hands due to the size of the vehicle they are driving. However, with the added risks that poor weather conditions bring, this responsibility becomes a matter of law in Missouri.
According to the Federal Motor Carrier Safety Administration (FMCSA), a truck driver must use extreme caution when operating a motor vehicle in bad weather.
In this case, bad weather refers to any situation where the driver's visibility or traction of the vehicle is impaired by hazardous conditions caused by heavy rain, snow, ice, sleet, fog, mist, or dust.
Faced with such hazardous weather conditions, truck drivers need to:
Drive slow, if possible, using extreme caution and watching out for other vehicles, pedestrians, cyclists, and bikers
Pay particular attention to the increased stopping distance that is caused by inclement weather conditions
Stop driving when experiencing very dangerous weather conditions, rather than lose control and risk the lives of other road users by causing a weather-related truck accident
Driving Tips Every Truck Driver Should Know
While following the rules set by the FMCSA is the right thing to do, truck drivers must also be familiar with the following driving tips, especially in bad weather conditions:
Faced with the prospect of experiencing poor driving conditions, drivers must start slowly until they get used to the feel of the road
A driver must always drive smoothly and slowly on slippery roads if stopping is not an option
Turning and braking power needs to be applied as gently as possible to avoid skidding
To avoid accelerating, passing other vehicles should not be tried unless absolutely necessary
Following distances must be increased to compensate for the longer stopping distances that are required in bad weather conditions
Drivers should be mindful of wet brakes that can cause wheel lockups resulting in the truck jackknifing
Types of Weather That Can Cause a Truck Accident
When talking of adverse weather conditions, the FMCSR has a list of conditions that are top of the list of weather-related causes of truck accidents, such as:
Heavy Rain
One of the worst situations a truck driver can encounter is trying to control a hydroplaning truck as it skids across the road.
When rain falls in large amounts, the water forms a layer between the truck tires and the tarmac. This renders any sort of traction useless; making a truck accident inevitable.
If the truck is not the only vehicle braving the inclement weather, a collision will soon occur. Considering the fact that the truck driver cannot slow down at all, the crash might be very severe.
Foggy Weather
When there is fog in the air, the reduced visibility of the truck drivers may be as short as just a few feet. Considering that large trucks can need as much as the length of an entire football field to stop, a few feet will not be enough.
Although a truck driver's ability to see may be somewhat improved by using specialized fog headlights, the fact that most weather-related accidents are due to poor visibility means that stopping until the fog clears is still the best option.
Heavy Snow and Ice
If ever there was a time to get off the road because of dangerous weather conditions, it’s when heavy snow causes reduced visibility and ice sleet makes the roads extremely slippery.
However, there are times when stopping is not an option, especially when it is so cold that one might freeze to death before the snowstorm passes. In such cases, truck drivers must use every last bit of their driving skills to get their vehicles to a better location while avoiding causing weather-related traffic accidents.
High Winds
Wind speed has to be very high before it can be classified as hazardous conditions for driving. However, when this happens, the wide surface area of large trucks makes these the most unstable vehicles on the roads.
During such poor weather conditions, truck drivers need to avoid driving close to other vehicles because strong gusts of high winds can easily push their vehicle across the road resulting in a truck accident.
In cases where a loaded tractor-trailer gets caught in the wind, the frantic attempts by the truck driver to correct the vehicle can leave a trail of destruction behind it.
Dust Storms
Reduced visibility is the main concern during a dust storm. Unlike heavy rain, snow, or sleet, dust does not usually affect traction. However, this has the effect of making truck drivers believe that they can easily drive through such poor weather conditions.
Many truck accidents have happened because drivers underestimate the dangers of driving through a dust storm and end up not exercising extreme caution when they should have. To be safe, dust storms should be regarded as other types of poor weather conditions that can easily cause truck accidents.
Steps To Take in the Event of a Truck Accident
When a truck accident happens in the middle of very bad weather, the situation can be very difficult and life-threatening. Communication lines may be down and roads will not be as busy as usual, making it very difficult to get help.
However, victims of truck accidents should take the following steps:
Move to Safety
It is important to get off the road as quickly as possible. If bad weather resulted in poor visibility or traction in the initial accident, then chances are the next vehicle coming along can experience the same problem.
Call for Help/Medical Attention
During times of bad weather, emergency rescue personnel will be on high alert, ready to respond to calls for help and take victims to the hospital.
Contact the Trucking Company
The victim must alert the trucking company of the accident so that they can be made aware of their intentions to file an accident claim.
Collect Evidence
Evidence, such as pictures and witness statements, may be difficult to get during bad weather conditions. However, victims can still rely on the doctor's report and police report.
Get a Good Truck Accident Lawyer
Victims of truck accidents are entitled to receive larger settlements under Missouri law. This is certainly possible if they are quick to approach a good truck accident attorney and request a free consultation to discuss the merits of their lawsuit.
Who Is at Fault in Weather-related Truck Accidents?
Although hazardous conditions can be the major contributing factor in a trucking accident, they do not protect truck drivers from being charged with negligence.
Determining liability for trucking accidents is never easy, especially when the insurance company representing the at-fault driver and trucking company is determined not to pay damages. It is only when the driving conditions, and the behavior of both parties, have been analyzed that can blame be assigned.
However, in some cases, there is a possibility that the victims may be found to be partially responsible for the truck crash, in which case they may end up receiving less compensation than they would have hoped for.
Factors That Can Help To Prove Negligence
In the aftermath of a trucking accident, a good truck accident lawyer can launch an independent investigation to unearth any other factors, besides the inclement weather, that may have contributed to the trucking accident.
A truck driver may be found negligent if they are guilty of any of the following:
Driving while distracted or impaired
Driving under the influence of drugs or alcohol
Failing to use windshield wipers
Not leaving enough braking distance
Not obeying road signs or traffic signals
Improperly use of headlights
Driving while fatigued
Victims Need a Truck Accident Attorney! Here Is Why
If bad weather causes a truck driver to lose control and crash into innocent victims, Missouri law compels the at-fault party to pay hefty damages. However, it is not as straightforward as that, especially when the victims were also at fault for driving in hazardous weather conditions.
Such cases can easily become a dog fight between the attorneys of the trucking companies and those representing the victims. The portion of blame that will be assigned to either party, as well as the damages that will be paid, may all rest of the respective abilities of the lawyers to prove their case.
This is why victims who want to stand any chance of walking away with damages need to hire a good personal injury law firm and sit down for a free consultation.
What Damages Can the Victim of a Truck Accident Receive?
If the courts rule in favor of the victim of a trucking accident caused by poor weather conditions, such as high winds and heavy rain, they are entitled to receive fair compensation in the form of the following damages:
Economic Damages
Some of the damages suffered by the victim are easy to calculate using receipts, letters of employment, and property valuation. Such damages are called economic damages, and are used to cover the following:
Medical Expenses
This is the money awarded to the victim to recover medical bills and the associated costs of staying in the hospital, undergoing surgery, or receiving physical therapy for rehabilitation purposes.
If the victim has lost time off work due to their injuries, the at-fault party will need to cover the cost of their lost income.
Property Damage
Property damage usually refers to the vehicle, motorcycle, or bicycle that the victim was using, which was subsequently destroyed, along with any other items that they had, during the truck accident.
Lifetime Disability
Some injuries, such as spinal cord and traumatic brain injuries can leave the victim paralyzed or otherwise disabled for the rest of their lives. The loss of their ability to find further employment must be taken into account and covered by the at-fault party's insurance.
Non-Economic Damages
Pain and suffering are very real consequences of being involved in any kind of accident, much less one as serious as a truck crash. In Missouri, it is up to the judge to decide how much to award the victim for their pain and suffering.
A good lawyer can argue for a significant allocation of damages for pain and suffering, as well as punitive damages, should the truck driver be found to have been willfully negligent when they caused the accident.
Powell Law Firm Can Take the Case!
When a truck accident case reaches the courts, one thing victims can be sure of is that the at-fault party and their insurers will come with their own legal team to get them out of trouble. To stand any chance of winning against such determined opposition, the victims need to come with their own super lawyers to fight for them.
With many years of experience helping residents of the great state of Missouri to get the compensation they deserve, Powell Law Firm is the go-to team for all weather-related truck accidents. We can be reached at (314) 470-1374 for a free consultation!