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Can I Sue if a Big Rig Hits my Car in Bad Weather?
Were you in a car accident with a commercial truck? You may be able to seek damages, especially when your injuries disrupt your life and come with medical bills you don’t know how you’ll pay.
If the accident happened due to bad weather, you might wonder if you can still sue. Does that change the strength of your case or clear the truck driver of any wrongdoing? Does it let the at-fault insurance companies off the hook?
After an accident with a commercial truck, your truck accident attorneys can explain your options for pursuing compensation. While no one can control Mother Nature, you still have the ability to pursue compensation.
Determining Liability in Truck Accidents in Bad Weather
After a car accident, insurance companies are on high alert for the liable party (the person responsible). But when an accident happens during bad weather, this liability becomes a bit more complex. Why? Because insurance companies understand that bad weather adds risk to those on the road.
When the wind picks up or visibility becomes worse, drivers must be extra cautious by pulling over when the road becomes too hazardous. Because a trucking accident could cause far greater irreparable damage, the expectations are higher.
Responsibilities of a Truck Driver
Although you may be off the clock as you drive home, truck drivers are “on the job” when they are behind the wheel. Their job responsibility is to operate their vehicle through good and bad weather conditions in order to reach their destination. Bad weather includes but is not limited to:
- Thunderstorms
- Heavy snowfall
- Fog
- Windstorms
Under Article § 392.14 of the Federal Motor Carrier Safety Regulations, truck drivers must use extreme caution when “snow, ice, sleet, fog, mist, rain, dust or smoke adversely affect visibility or traction.”
When experiencing low visibility, truck drivers must turn on headlights or taillights to help themselves and others on the road. When navigating icy or wet roads, the driver should reduce the truck’s speed to avoid the risks of tipping over or losing control. Most importantly, when extenuating circumstances arise, truck drivers should pull their vehicles over to a safe area to avoid potential risks.
If the driver fails to follow Federal Motor Carrier Safety Regulations and causes an accident in bad weather, they may still be liable, and you can sue them.
Can You Sue if a Commercial Truck Hits You in Bad Weather?
You can sue the truck driver or the trucking company if a commercial truck caused an accident in bad weather and you suffered injuries or property damage due to the accident.
In the worst weather circumstances, the truck driver has the responsibility to make the safest choice for themself and other drivers, even if that means pulling over and not driving until the bad weather passes.
What Compensation Can I Pursue in a Truck Accident Case?
When a commercial truck accident occurs, truck accident attorneys can pursue higher amounts of compensation for their clients to cover medical bills and noneconomic damages to compensate for pain and suffering.
Truck accident victims may experience:
- Challenging times due to mounting medical bills
- Lost wages due to the need to take time off work
- Property damage to their car
All of these factors and more can influence the amount of compensation you’re entitled to. At Parker Waichman LLP, our accident attorneys can evaluate your truck accident case to help you request the full possible compensation.
If you or a loved one has been in a truck accident, call 1-800-LAW INFO to schedule your free consultation today. Our skilled truck accident attorneys at Parker Waichman LLP are eager to help you understand your rights.