Truck Accidents Involving Bad Weather
18-Wheeler Wreck Lawyers Serving Memphis
When bad weather comes, drivers must adjust their conduct accordingly. Inclement weather greatly increases the chances of an accident occurring, especially if a driver is not paying attention to the road. When accidents occur, injuries can result. If a tractor-trailer or commercial truck crashes into you, call our Memphis truck accident attorneys today. Nahon, Saharovich & Trotz is the largest Tennessee-based personal injury law firm, and we have seen firsthand how truck accidents involving bad weather cause negative consequences that could have been avoided in the first place. Call us today for a free consultation.
Asserting Your Rights After a Truck Accident in Memphis
A failure to act reasonably under a given set of circumstances is usually considered negligence. Under Tennessee law, the plaintiff in a truck crash case bears the burden of proving that the truck driver owed him or her a duty to drive safely, breached that duty, and caused damages to that person.
One way to show negligence is to prove a trucker violated one or more regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA), which are designed to promote safety. Truck drivers must adhere to these rules when operating their large vehicles. There is a specific federal regulation addressing inclement weather, which includes snow, ice, sleet, fog, rain, smoke, or any other condition affecting visibility. In these circumstances, drivers must exercise “extreme caution.”
For example, if it is snowing or icy outside, the truck driver should reduce its speed to adjust to those conditions. If the driver fails to slow down, tries to apply the brakes, but then skids into the rear of your car, you could demonstrate that the trucker’s failure to adjust to poor weather caused your accident. The same could apply if the wreck occurred in heavy rain or fog. If the commercial truck driver was acting within the course and scope of his or her employment, the company may be vicariously liable for the driver’s negligence.
In truck accidents involving bad weather, the police may not be able to immediately respond to the scene. Roads may be closed down, or there may be too many other accidents. To document your version of events, you should obtain contact information of witnesses, exchange information with the other driver, and pay attention to any logos on the truck so that you can confirm the driver’s employer. This information will come in handy should there be no police report, for one reason or another. To protect your legal rights, you should consult an experienced truck accident attorney in the Memphis area as soon as possible.
Skilled legal representation can also advise which damages you may be legally entitled to. Typical damages in truck accidents involving bad weather include medical bills, lost wages, scarring, pain and suffering, and loss of enjoyment of life. You will need to prove causation, which means that your injuries or losses were caused by the trucker’s negligence. In a civil lawsuit, damages must usually be proven by a preponderance of the evidence. Sometimes, expert witness testimony is needed to satisfy this burden.
Call Our Attorneys Today to Discuss Your Case
After a truck accident, steps can be immediately taken to protect the victim’s legal rights. It is important to conduct a thorough investigation, which may involve visiting and photographing the accident scene. Nahon, Saharovich & Trotz represents victims injured throughout Tennessee, Missouri, Mississippi, Kentucky, and Arkansas, including in Memphis, Nashville, Chattanooga, Knoxville, Caruthersville, Hayti, Oxford, Starkville, Grenada, Columbus, Tupelo, Meridian, Jackson, Little Rock, and Jonesboro. If you have been hurt in a truck accident involving bad weather, you may have grounds to recover compensation for damages. Contact our office by calling 800-LAW-4004 or by completing our online form to set up a free appointment. We can also assist people who need a motor vehicle collision lawyer or representation in another personal injury claim. We look forward to showing you why NST is the way to go.