Can a Truck Driver Avoid Liability for Accidents in Poor Weather?
How does poor or inclement weather factor into determining liability in a trucking accident? Is it considered an “act of God,” exonerating the driver from any responsibility for injuries caused? Does an injured person have any recourse when an accident occurs during a thunderstorm, snowstorm or other weather event?
Weather Can Be a Contributing Factor in a Truck Accident
The Federal Motor Carrier Safety Administration (FMCSA) reports that anywhere from three to ten percent of all large truck accidents occur in poor weather conditions. In rainy or snowy weather, vehicles in general have reduced traction, which can cause more concern with a big rig towing 80,000 pounds. Trucks take much longer to bring to a complete stop and can easily become difficult to control on a curve.
The Impact of Bad Weather on Liability in Truck Accident
Contrary to providing a means to avoid liability, poor weather typically elevates the standard of care that drivers are required to exercise. The Federal Motor Carrier Safety Administration (FMCSA) has issued regulations which mandate that drivers use extreme care in any type of adverse weather and that they actually get off the road if conditions are such that they seriously impair a driver’s ability to control the vehicle. Accordingly, courts tend to frown upon an “act of God” defense if it appears that driving more slowly, exercising greater care or simply stopping would have produced a different result.
Instead, courts will typically focus on:
- The extent to which the driver’s behavior “under the circumstances” contributed to or caused the accident
- Whether or not the trucking company pressured the driver to get behind the wheel
- Whether poor vehicle maintenance, combined with inclement weather, combined to cause the accident
Let Us Help Protect Your Rights after a Texas Truck Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people who have suffered any type of injury in a trucking accident. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Motor Vehicle Accident Cases Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma