Poor Weather Truck Accidents
Driving in bad weather can be a challenge. However, it is no excuse for truck drivers to take chances with people's safety. All drivers on California's roads are supposed to drive appropriately for weather and road conditions, whether there is heavy rain, fog, or sleet. Commercial truck drivers are likely to run into bad weather at some time behind the wheel, even in a temperate climate like Southern California. They should be trained to understand how to handle any poor weather conditions. Poor weather truck accidents can cause significant injuries to victims, but they may have legal recourse. Our Los Angeles truck accident attorneys are ready to assist you.Harm Caused by Poor Weather Truck Accidents
California drivers are at particular risk of getting into an accident on the first day that it rains. There are long periods of dry weather in Southern California, during which oil and other fluids from cars dry and build up. The first rain after a long dry spell can create a greasy and slick driving surface that can feel like black ice. Furthermore, since they are unused to driving in rain, Southern California drivers may be unprepared for the slickness of the roads. Due to the weight and size of their vehicles, truck drivers may cause devastating crashes if they are surprised by poor weather or not trained to handle it.
Truck drivers must abide by stricter standards of care than drivers of passenger vehicles. There are express rules that must be followed by both truck drivers and trucking companies. The rules were put in place to reduce the number and severity of injuries suffered by people who share the roads with truck drivers. Even when there are perfect driving conditions, it can be challenging to stop and maneuver a truck. If you are injured in a poor weather truck accident, there are several different parties that an attorney may be able to sue for your injuries: the truck driver, the trucking company, the manufacturer, and third parties like a government entity.
Truck drivers that do not respond appropriately to poor weather may cause an accident. For example, a truck driver who does not slow down sufficiently in rainy weather may slam into the back of a passenger car and cause catastrophic injuries. This violates FMCSA regulations, which require extreme caution whenever there are hazardous weather conditions that adversely affect traction or visibility. Speed is supposed to be reduced under poor weather conditions.
If the conditions are dangerous enough, a truck driver is supposed to stop operating the vehicle and not resume until it is safe to do so. However, truck drivers often face tremendous pressure to deliver their cargo under tight deadlines. They may drive even though it is not safe, or they may speed when it is not safe to do so. You may be able to hold a truck driver liable under a theory of negligence or negligence per se. You can show negligence by proving that the truck driver owed you a duty of care, the truck driver breached this duty, causation, and actual damages.
Truck drivers are under pressure to meet strict delivery deadlines. This means that a truck driver may cut corners in order to meet a deadline, even when the weather dictates that he stop driving.
Sometimes trucking companies can be held indirectly or directly liable for a poor weather truck accident. Trucking companies are supposed to conduct background checks and make sure that their drivers are adequately trained to drive in bad weather conditions. If they fail to conduct a background check or determine that a job applicant is trained to operate a truck in the rain, they may be held directly liable for negligent hiring, negligent training, or negligent supervision.
Less frequently, a truck component is defective. It may be possible to hold a manufacturer strictly liable for a defective part if it contributes to a poor weather truck accident. In some cases, a third party may be liable for the way that a truck is loaded, combining with poor weather to cause a truck accident.Consult a Los Angeles Lawyer for Your Truck Crash Case
Poor weather truck accidents can cause devastating injuries in Southern California. At Sharifi Firm, APC, our Los Angeles attorneys can evaluate the circumstances surrounding a truck accident. We may be able to bring a lawsuit on your behalf. Contact us at (866) 422-7222 or via our online form. We also represent people in Temecula, San Bernardino, Rancho Cucamonga, Glendale, Covina, and Riverside.