Bad Weather Commercial Vehicle Accidents
Commercial vehicle accidents can happen for a variety of reasons, but bad weather is a cause that often gets overlooked. While Florida rarely sees heavy snow, it is quite possible, even common, for weather like rain, fog, or even extreme heat to play a role in road accidents. That said, it is the responsibility of the commercial driver to adapt and react to the bad weather in order to minimize the risk of accidents. Failure to adapt can place them squarely on the proverbial hook for damages in the event of a crash.
Liability On The Commercial Driver
One might wonder why a commercial driver would be held responsible for a bad weather accident instead of the other driver. While both drivers may face liability in accident situations depending on the facts of the situation, commercial drivers have a legal responsibility to exercise reasonable care toward other road users. ‘Reasonable care’ implies not simply maintaining the status quo when conditions outside change.
For example, if a truck driver is going 50 miles per hour and it starts to rain, continuing to drive 50 miles per hour is not exercising reasonable care. Slowing down and driving more defensively, however, is the reasonable response to that event. In fact, the Federal Motor Carrier Safety Association (FMCSA) regulations state outright that drivers are “required to reduce speed” when conditions become hazardous enough to affect visibility and/or traction. Failure to do so raises questions of negligence.
Employer May Be Liable
Another legal reason why a commercial driver may be held liable for a bad-weather accident is that the strong majority of weather phenomena are foreseeable. It is generally a legal truism that if an event is foreseeable, and it has the potential to cause danger or damage, a person cannot monetarily recover damages if they took no steps to protect themselves. For example, if a condo owner is told that a massive hurricane is en route to their area, but they have no hurricane protection on their home at all, they cannot seek damages from the condo association after the fact.
Keep in mind that in some situations, a driver’s employer may also be liable, either for their own negligence or through a legal theory called negligence per se. An employer will be held liable for the torts (not crime, but tort, which is the rough equivalent in civil law) of their employees if certain criteria apply, or the entity may simply be held liable for their own negligence – for example, an employer may be negligent for ordering their employee to keep driving in bad weather.
Contact A Tampa Commercial Vehicle Accident
Commercial drivers are trained to do their jobs in every type of weather, but sometimes, accidents surprise everyone involved. A Tampa truck accident attorney from the Rinaldo Law Group can help you determine how best to proceed after an accident; we will work hard for you. Call our office today to schedule a consultation.
