Truck Accidents Involving Bad Weather

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.