Truck accidents are catastrophic, often leaving victims with significant and permanent injuries. Many of these wrecks occur in bad weather and, in turn, result from violations of trucking regulations. These violations are strong indications of negligence.

If you were the victim of a bad weather trucking accident, it’s important to understand your legal rights. With the right law firm by your side, you can prove your case for the monetary compensation that you deserve. Trust the Southern Missouri firm of Privette Law Office.

Truck Regulations and Inclement Weather

The Federal Motor Carrier Safety Administration (FMCSA) is the primary agency responsible for regulating commercial trucks. Many of the FMCSA’s rules directly apply to bad weather scenarios, while others apply at all times but may prove relevant in weather-related crashes.

A dedicated Southern Missouri truck accident lawyer will know which of the various regulations may be relevant to your specific case. They may include rules that pertain to:

  • Reducing speed: Weather conditions such as fog, ice, snow, or heavy rains can impair visibility and traction. Truck drivers should reduce their speed accordingly, even below the posted limits if necessary.
  • Allowing sufficient room: The FMCSA recommends that if a truck is traveling slower than 40 mph, the driver should allow one second of following distance for every 10 feet of truck length. This can avoid pile-ups and other severe weather-related collisions.
  • Suspending operations: FMCSA rules specifically direct truck drivers to suspend operations if the weather becomes “sufficiently dangerous.” Only when conditions allow for safe driving should the driver resume operations.
  • Continued operations: On the other hand, there are also situations in which strictly complying with the regulations can actually be less safe. If it’s more dangerous to stop, then the driver may continue driving until the nearest place where the hazard can be eliminated.
  • Overloaded trucks: Trucks that carry too much cargo may be far more difficult to slow down or stop in bad weather. Heavier weight can also drastically increase the severity of victims’ injuries.
  • Driver fatigue: Federal regulations that limit driving time are aimed at avoiding fatigue. These are especially relevant in bad weather. Drivers may have to adjust their sleeping schedules in light of the weather and must, regardless, follow hours-of-service (HOS) rules.
  • Adequate vehicle maintenance: Drivers and trucking companies must observe maintenance rules at all times, but especially when the weather turns poor. Worn tires, problems with the brakes, broken lights, and defective windshield wipers could prove deadly.
  • Emergency equipment: Every driver should be prepared for emergencies, many of which stem from bad weather in Southern Missouri. Chains for tires, for example, can improve traction and reduce the risk of an accident.

Who May Be Liable for Inclement Weather Truck Accidents?

Claiming compensation after being in a truck accident raises an important question: who can be held responsible for the crash? Blame is often shared among more than one party, which may include:

  • The truck driver: Drivers who ignore weather warnings and disregard regulations can and should be held responsible for any resulting accidents.
  • The trucking company: The driver’s employer, the trucking company, may have pressured the driver into ignoring the bad weather or had internal policies that prioritized profits over safety.
  • The cargo loading company: Cargo loading is a delicate job because loading too much weight onto the truck, or distributing it unevenly, can increase the risk of a wreck.
  • Manufacturers and retailers: If defective truck parts caused the accident, the manufacturers or retailers of those parts may share blame.
  • Other motorists: Not all accidents happen because of the truck driver, and many stem from other motorists engaged in unsafe driving behaviors.
  • The government: Some accidents result from poor government road work and maintenance, either of which may cause driving hazards.

One of the most important roles of a Southern Missouri truck accident lawyer is to identify all parties who may be liable. This increases the likelihood of the victim receiving fair compensation for their injuries. But it will require compelling evidence of negligent behavior.

Evidence That May Support Your Claim

Accident victims must prove that the truck driver or other responsible party ignored regulations or otherwise acted in a negligent manner. Depending on the circumstances of your case, the following evidence may help:

  • Black box data: Black boxes, also known as event data recorders (EDRs), capture various trucking behaviors like speed, steering, the application of brakes, and hours spent driving. The events recorded in the black box could show negligent activities during bad weather.
  • Logbook data: Logbooks also record important information like hours of driving and truck weight. This evidence could further demonstrate irresponsible decisions that caused an inclement weather accident.
  • Pictures and videos: Anything that captures the accident, or the prevailing weather conditions that occurred during the accident, will also prove essential. Dashcam, surveillance, and other videos may especially be useful.
  • Eyewitness statements: If anyone observed the accident, you should get their names and contact information. They may have recorded the incident on a dashcam or by other means.
  • Internal communications and policies: Sometimes the evidence of negligence comes from within. Communications or policies at the trucking company could show a deliberate intention to pressure drivers into disregarding hazardous weather warnings.
  • Problems with the parts: If the truck’s parts or components were responsible for the wreck, then this fact will also be vital evidence. The victim and their attorney will need to scrutinize, for instance, a nationwide recall on a defective part.
  • Maintenance records: The maintenance work done on the truck may have been poor, or it could have involved defective or recalled parts. Maintenance records can provide the evidence you need that the truck was unfit for the weather.
  • Accident reconstruction reports: Expert witnesses routinely investigate accidents and then develop detailed reports about how they occurred. Their opinions are often the capstone of a strong case against the at-fault parties.

Common Truck Accident Injuries

Due to the size and weight of large commercial trucks, victims often suffer irreversible injuries. They may include:

  • Lacerations
  • Burns
  • Bone fractures
  • Traumatic brain injury (TBI)
  • Spinal cord injury
  • Paralysis
  • Chronic pain

These and other injuries can result in major medical bills and the need for long-term care. They often cut short a victim’s once-promising career and make it difficult for them to provide for themselves and their families.

How We Help Inclement Weather Truck Accident Victims

If you were injured in a truck accident in Southern Missouri involving bad weather, you deserve a law firm that advocates for the compensation you need to recover. When you hire our experienced legal team, we get to work by:

  • Investigating how bad weather and other factors caused the accident
  • Documenting the accident and obtaining evidence of negligence
  • Identifying all parties who may be liable for your injuries
  • Determining a fair value of your damages, both past and reasonably estimated future ones
  • Negotiating with the at-fault parties’ insurance companies to try to reach a settlement
  • Representing you in mediation and in all communications with the insurers
  • Hiring expert witnesses who can substantiate your claims
  • Taking your case to trial if a fair settlement can’t be reached

Contact Our Southern Missouri Inclement Weather Truck Accident Attorney

We understand the impact that an accident can have on your life and your future. That’s why we go to work every day to seek the most amount of damages allowed under the law for our clients. Contact Privette Law Office to schedule your free case consultation today.

Frequently Asked Questions About Southern Missouri Truck Accidents

Is there a deadline to file a truck accident lawsuit?

Most truck accident victims have five years to file a lawsuit, due to a deadline known as the statute of limitations. If you wait too long to file, the judge will dismiss your lawsuit. But you should take action long before the five-year mark to make the strongest possible case.

Will my case settle or go to trial?

In most cases, the victim can reach an out-of-court settlement with the at-fault parties through mediation and other negotiations. Whether your case will settle will depend on factors like the severity of your injuries and the willingness of the parties to negotiate.

We pursue settlement wherever possible, but we always prepare for trial in the event the insurance companies and lawyers representing the defendants refuse to fairly negotiate. Throughout the process we help you decide whether to settle or try your case.

What damages are available?

Truck accident victims can receive economic damages (e.g. medical bills, lost income, property damage), non-economic damages (e.g. pain and suffering and emotional distress), and sometimes punitive damages (designed to punish particularly negligent conduct).

Which factors will affect the value of my claim?

The nature and amount of your damages will depend on factors such as the severity of your injuries, your long-term care needs, the impact of the accident on your ability to work, the number of parties responsible for the accident, and the quality of your legal counsel.

What if I was partly responsible for the accident?

You can still claim damages, but the court will reduce them in proportion to your liability. For instance, if you would have received $100,000 in damages, but you were 25% responsible for the crash, your damages will be reduced by 25% ($25,000). You would receive $75,000.