Are Truck Drivers Liable for Crashes in Bad Weather?Jan 31, 2021 Truck Accidents
Posted by: Kisling, Nestico & Redick, LLC
Yes. If a truck driver makes an error while driving, they are responsible. Even if there was bad weather, an at-fault big rig driver could be held financially liable.
If you or a loved one were involved in an Ohio truck accident, you need a team on your side who will make sure the driver and their employer are held accountable. Kisling, Nestico & Redick has decades of experience and a long history of protecting people like you.
How Bad Weather Impacts a Truck Accident Claim
Although there might have been bad weather during your truck accident, failure to drive appropriately is likely the cause of your crash. Driver error is the most common cause of all accidents, according to Nolo.com.
All drivers have to drive safely despite the weather. This certainly applies to professional truck drivers. If they’re driving in snow and ice, that might mean they need to slow down and use special winter tires. Many trucks use chains in the winter. Driving when it is raining requires windshield wipers that are in good condition and effective headlights. Even fog requires special care while driving.
It is the responsibility of every driver to know how to drive in adverse conditions safely. If a truck driver is not experienced enough to drive in bad weather, they should pull off.
How Are Truck Drivers Held Liable?
Truck drivers are held to a high standard when it comes to their duties on the road. They should drive safely no matter the weather. If they cause an accident in terrible weather, you can file a claim against their insurance company or their employer’s insurance.
Holding the truck driver liable means making sure they pay for your losses. If you are injured in a truck accident in Ohio, you can recover compensation for things like:
- Past and future medical costs
- Lost wages
- Loss of earning capacity
- Loss of consortium – or spousal relationship
- Property damage
It’s essential to include everyone who could be responsible in your lawsuit or insurance claim. Otherwise, they might try to avoid paying you what you deserve by pointing the finger elsewhere.
A Lawyer Can Help With Your Truck Accident Claim
You must work with an experienced lawyer through any truck accident claim. That’s especially true if bad weather was involved. The truck driver may try to blame you, the weather, the truck manufacturer, or others on the road. Your attorney can gather evidence to make liability clear.
A lawyer can present the exact weather conditions at the time of the accident to the insurance company. Ohio weather changes fast, but your attorney can accomplish this by interviewing witnesses and finding nearby weather or traffic cameras.
After determining how the weather contributed to the accident, your attorney will show that the truck driver didn’t react appropriately – thereby failing to uphold their legal duty while driving – or didn’t have the training necessary to know what to do on the road. That might be the fault of their employer as well.
Call KNR To Get Started
Truck crashes in bad weather are common in Ohio, but you should never approach a truck accident claim alone. Only by having an attorney’s help, you improve your chances of getting a higher settlement in less time. The driver and trucking company will have powerful teams on their side. You need a law firm that isn’t afraid to fight back. KNR has faced many truck insurance companies, and we can guide you through your claim as well.
Call us at 1-800-HURT-NOW to get started. Initial consultations are free, and there’s no cost unless you recover compensation.