Clarksburg Bad Weather Truck Accident Lawyer
In truck accident cases, dangerous weather can often impact the assignment of fault. However, a Clarksburg bad weather truck accident lawyer can help by investigating the cause of the collision to obtain information that builds a case against the negligent driver.
At-fault drivers may use weather as an excuse for an accident, claiming they did their best to operate their vehicle safely, when they were driving too fast or carelessly for the known poor conditions. A knowledgeable truck crash attorney could fight the weather-related excuses for negligent driving to recover the compensation you may be entitled to.
Federal Regulations for Commercial Vehicle Operators in Hazardous Weather Conditions
The Federal Motor Carrier Safety Administration Regulation addresses driving in poor weather, dictating that extreme caution should be exercised when hazardous conditions such as snow, ice, sleet, fog, mist, rain, dust, or smoke adversely affect visibility or traction, and speed should be reduced when faced with these conditions while operating a commercial motor vehicle. The regulation also states that if conditions become sufficiently dangerous, operation of the commercial motor vehicle should be discontinued and not resumed until the conditions allow for safe operation.
It is essential to demonstrate how a driver’s conduct violated known safety regulations. If the driver has received the proper training, they could have technically violated the rules they are obliged to follow. The case could be solidified even more if an attorney could prove the driver has encountered similar weather conditions or weather patterns previously.
An attentive lawyer could demand that the trucking company and the driver relinquish data that may not be immediately disclosed for the sake of their case and could have the information disclosed in a litigation setting.
Driver Responsibility to Operate Their Vehicle Accordingly to Weather Changes
Just as truck drivers must follow regulations in accordance with the weather, other motorists have an obligation to take the necessary steps to drive safely in poor conditions. A motorist can take these steps to protect themselves from weather-related accidents:
- Driving cautiously
- Having appropriate tires on their vehicle for the expected weather conditions
- Making sure that the tires are in good condition and not in need of replacement
- Understanding how the conditions can affect the operation of the vehicle and how to adjust speed, turns, and stops accordingly
- Using high, low, or fog beams in appropriate conditions
- Determining if they should stop driving until safe conditions
It is common practice to examine other vehicles around the accident site that were able to bring their car to a stop despite encountering the same weather conditions as the driver who caused the wreck did.
Damages Available After a Weather-Related Truck Accident
The plaintiff could recover any economic costs they incur, including wages lost and bills for medical treatment to treat injuries resulting from the wreck. Damages such as pain and suffering and the loss of ability to enjoy one’s life because of injuries, temporary or permanent, could also be available for recovery in truck accident cases. An assessment of future lost income or future earning capacity could determine a need for long-term economic damage payments, as well.
In some cases, punitive damages might be awarded depending on the circumstances of the case and actions of the defendant during the incident. Punitive damages are meant to deter or punish conduct that is considered reckless or wanton, and a lawyer might be able to claim this type of compensation if they can prove the truck driver’s conduct was egregious.
A Clarksburg Bad Weather Truck Accident Attorney Could Recover Your Entitled Compensation
Once fault has been determined based on which driver neglected taking the proper safety precautions, a Clarksburg bad weather truck accident lawyer could help build a case in your favor. By proving the negligence of the driver or the company, you could recover compensation for your injuries and other damages.
If you have experienced an accident involving a truck in poor weather conditions, consult a determined personal injury attorney today to discuss your legal options.