Practice Areas Truck Accidents Bad Weather Truck Accident

Boca Raton Attorneys Assisting People Injured in Motor Vehicle Crashes

South Florida frequently experiences storms, rain, and extreme wind, which can make driving a dangerous undertaking. Even if a driver who encounters inclement weather operates his or her vehicle as safely as possible, the reduced visibility, flooding, and slippery roads caused by storms may lead to an accident regardless. When a bad weather accident involves a commercial truck, it can result in catastrophic damages. If you suffered harm in a bad weather truck accident, you should consult a skillful attorney regarding your right to seek compensation. The Boca Raton truck accident lawyers at The Grife Law Firm will analyze the circumstances surrounding your injuries and gather the evidence needed to build effective arguments in favor of your recovery of the maximum amount of compensation available. We assist injured people in lawsuits throughout South Florida.

Federal Motor Carrier Regulations Regarding Driving in Bad Weather

Many people mistakenly believe that if an accident happens in bad weather, the accident was unavoidable, and no one is to blame. All drivers have a duty to operate their vehicles in a safe manner regardless of the weather conditions, however, and bad weather does not remove that duty. The duties imposed on commercial truck drivers in bad weather are explicitly set forth in the Federal Motor Carrier Safety Administration Regulations. Specifically, Section 392.14 of the Regulations states that commercial truck drivers must exercise extreme caution when they encounter hazardous conditions that affect their traction or visibility. Hazardous conditions include smoke, fog, mist, rain, and dust, as well as snow and ice. A driver who encounters a hazardous weather condition not only must operate his or her truck with extreme care but also must reduce his or her speed. Additionally, when conditions are sufficiently dangerous, truck drivers must stop their trucks and refrain from resuming driving until they can do so safely.

Liability for Bad Weather Truck Accidents

Trucking accidents often occur in bad weather due to reduced visibility. In other words, a truck driver will not be able to see clearly and may follow too closely behind another vehicle, or change lanes without adequate clearance, causing a collision. Trucking accidents also can be caused by a loss of traction on the roadway, due to rain or flooding. A driver who loses traction will not be able to control his or her vehicle and often cannot stop in time to avoid striking another motorist.

If you were injured in a bad weather truck accident caused by a driver’s failure to exercise the care required when encountering dangerous conditions, you might be able to pursue a negligence claim against the driver. Generally, to prove negligence, your attorney must show that the driver had a duty to comply with a certain standard of conduct, but the driver breached the duty, and the breach caused the accident. You must also prove that you suffered quantifiable harm because of the accident. In cases in which the driver operated his or her truck unsafely, any violation of the Regulations or any other traffic laws can be used as evidence of the driver’s negligence.

If your negligence claim is successful, you may be awarded the cost of any medical treatment that you needed for your injuries, as well as the cost of any treatment that you will need to undergo in the future. If you could not work due to your injuries, you may be awarded damages for your loss of earning capacity as well. Additionally, you may be awarded compensation for the pain and suffering that you experienced due to the accident.