Holding Truckers and Trucking Companies Accountable for Winter Accidents

Many US auto accidents occur during winter weather conditions, such as sleet and snowfall or slushy or icy pavement. According to the Federal Highway Administration, over 1,300 people are killed, and more than 116,800 are injured annually on roads under such circumstances.

How would you feel knowing that a driver’s failure to adapt to winter weather conditions—and not inclement weather itself—was what caused a serious injury to you or your loved ones? Especially in the case of driver negligence, which means that the accident could have been avoided with a little precaution.

In winter truck accidents, many victims don’t think to consult with an injury lawyer, attributing the incident to bad weather before ever considering the possibility of the truck driver’s fault or negligence.

This can lead to overlooking truck drivers’—and trucking companies’—roles in weather-related accidents. Understanding the legal responsibilities of drivers and their companies reveals critical measures that should be taken to prevent such accidents but that some fail to observe properly.

Trucking regulations and driver training

The Federal Motor Carrier Safety Administration (FMCSA) has devised a set of thorough, clear rules and regulations for truck drivers and trucking companies to use as guidelines. 18-wheeler operators bear far greater responsibility due to the size of their vehicles, the heavy loads they frequently carry, and the often severe consequences of even slight negligence on the road.

Let’s take a close look at what exactly “reasonable driving” is,  why truck drivers are held to higher standards, and how truck accident lawyers can help you identify liable parties and pursue compensation for losses.

What is negligence in bad weather?

Typically, a driver's negligence—not poor weather conditions—is the underlying cause of injury and loss of life in winter-related trucking accidents. That is why it is absolutely critical for drivers to drive reasonably in bad weather. But how is “reasonable driving” defined? Reasonable driving means that truck drivers must adapt their speed, level of caution, and driving behavior to current weather conditions. For example:

• Reducing speed: Snow or ice makes roads slippery due to reduced friction. Drivers must reduce their speed to avoid collisions with other vehicles and keep their vehicles under control. For example, if the speed limit is 65 mph, they should reduce it to 30-32 in packed snow or down to 18-20 mph on an icy road.
• Increasing following distance: In bad weather, fog or snow often severely impair visibility. To create a safety buffer, drivers must increase the following distance. This also allows safe braking distance and helps improve general road safety for all motorists around the truck.
• Quality assurance: Equipment failure can also lead to safety hazards on the road. Drivers must maintain their equipment, adhere to QA policies, and track slight vehicle changes to avoid accidents.
• Travel pauses: Taking breaks during bad weather or long hauls is an important safety measure, as it helps mitigate fatigue, which can increase the risk of an accident, especially when a storm is underway.
• Get off of the road, if necessary: If the road is so slippery that it is unsafe to proceed, stop at a safe place and wait for conditions to improve.

Why truck drivers are held to higher standards

Truck drivers are meant to be experienced specialists in their field. They are given some form of technical training to handle large vehicles properly. Courts hold truckers to a standard of care applicable to professionally trained drivers.

Skidding 18-wheelers on ice or in bad weather conditions can pose a fatal risk to other people on the road and cause catastrophic damage. Therefore, drivers are held responsible for their on-road behavior and trained to deal with changing weather conditions to avoid accidents.

How can a truck accident lawyer help my case?

Truck accidents are traumatic and overwhelming. The accident transforms your life due to severe injuries, medical bills, and lost wages. The experience becomes even more painful in case of a loved one’s death.

Winter truck accidents are challenging and unique due to federal trucking regulations, large freight corporations, and high-stakes damages. Moreover, trucking companies, freight corporations, and vehicle manufacturers often hide behind their insurance companies and minimize payouts to victims as much as possible.

However, having professional, competent legal representation can help you fight for fair treatment and recovery from the accident.

Truck accident lawyers can take a few different routes to help you prove a driver's negligence:

• Dashcam footage: Dashcams can be useful in these scenarios as they help determine if the driver adhered to reasonable driving standards or ignored hazardous conditions.
• Examining police reports: Lawyers can skillfully examine lengthy, sometimes legalese-filled, police and accident reports. Crash reports can help determine the real cause of an accident.
• Drivers’ logs: Reviewing daily drivers’ logs is another way of identifying potential fatigue or other violations of hours of service and helping to claim negligence.
• Weather reports: Weather reports for the area where the crash occurred can help to show any weather alerts that have been issued regarding unsafe driving conditions.

Identifying liable parties

Sometimes, more than one party is liable for an accident. They could be:

• Freight controllers
• Equipment manufacturer
• The trucking company itself

When settlements are hard to reach, a truck accident lawyer will:

• Prepare and file a lawsuit under the statute of limitations
• Represent clients and argue in courts on their behalf
• Ensure compliance with federal trucking laws and handle paperwork

Compensation in case of winter truck accidents

The victims of winter truck accidents are entitled to the following compensations:

• Medical expenses: All medical costs incurred as a result of accident-related injuries
• Lost wages: Income lost due to recovery time or disability
• Mental anguish: Pain and suffering caused by the accident
• Property damage: Costs of repairs to a damaged vehicle

If you or a loved one have been involved in a winter truck accident, please don’t hesitate to contact a Huntsville personal injury lawyer from Martin & Helms at your earliest convenience. Call our office or complete our contact form to schedule a free consultation in Huntsville or Decatur today. We also assist clients in Madison and Athens.