Can Bad Weather Affect Liability in a Trucking Accident?

November 1, 2024 Posted In Truck Accidents

Bad weather increases the risks involved in trucking, but it does not remove the responsibility of drivers or the responsibility of trucking companies to practice safe driving. Determining liability in weather-related trucking accidents requires analyzing the driver’s response to conditions, the company’s policies, and evidence from the accident.

The Duty of Care in Bad Weather

Every driver, including truck drivers, has a duty of care to drive safely, especially in adverse weather conditions. When the weather worsens, drivers are expected to adjust their driving to match the conditions. For truck drivers, this duty of care often requires them to reduce speed, increase their following distance, and stay vigilant for changes in road traction and visibility. Failing to adapt to these conditions may make a driver liable for an accident, as they are required to exercise additional caution.

For example, if a truck driver maintains the same speed on an icy road as they would on a clear, dry day, they may be considered negligent if this behavior causes a crash. Federal regulations, such as those enforced by the Federal Motor Carrier Safety Administration (FMCSA), require drivers to adjust their speed and even stop driving in extreme weather. 

Determining Liability When Bad Weather is a Factor

When bad weather plays a role in a trucking accident, investigators examine all circumstances leading up to the collision to determine who is liable.

Driver Responsibility

If a driver failed to slow down, increase their following distance, or take breaks in extreme conditions, they could be liable for the accident. Driver logs, Electronic Logging Device (ELD) data, and black box data can provide insight into the driver’s actions before the crash, revealing if they acted recklessly. 

Trucking Company Liability

Trucking companies have a duty to ensure their drivers are well-trained and aware of safety protocols in adverse weather conditions. If a trucking company fails to train or pressures a driver to meet strict delivery schedules despite hazardous weather, they may share liability if an accident occurs. Maintenance issues can also come into play; for instance, if the company failed to maintain the brakes or tires, which contributed to the crash.

Comparative Fault 

In some cases, all parties involved will share liability and their degree of liability will be divided under comparative fault principles. For instance, if the trucking company did not routinely check the vehicles’ tires, the truck driver was driving too fast and skidded on ice, and the other vehicle was following too closely, all parties may be found partially responsible for the accident. Evidence from dashcams, witness statements, and road conditions reports can help a Riverside truck accident lawyer establish the percentage of fault assigned to each party.

Common Weather-Related Factors in Trucking Accidents

Here are some common weather-related factors that often contribute to accidents:

Reduced Visibility

Fog, heavy rain, or snow can significantly reduce visibility, making it difficult for drivers to see other vehicles, road signs, or lane markings. In low-visibility situations, truck drivers are expected to slow down or pull over if conditions become too dangerous. Failing to take these precautions can make the driver or trucking company liable.

Slippery Roads

Rain, snow, and ice can create slippery road surfaces, increasing the likelihood of a vehicle skidding or losing control. A truck driver who fails to adjust their speed to match road conditions may be held liable if they lose control and cause a collision.

High Winds

Trucks are especially vulnerable to high winds due to their large surface area, which can cause the vehicle to sway or even tip over. In high wind advisories, truck drivers may be required to pull over or find alternative routes to avoid open highways.