Roads may be wet from rain or fog, or slippery as a result of ice or snow. There may be debris like leaves on the roadway, which can make a road more susceptible to accidents. There are any number of bad weather conditions that can cause a truck accident in Indianapolis. Our local truck crash attorneys can advise on the liability, damages, and your potential for succeeding in this type of case.
The law requires everyone to drive at a speed that is reasonable for the conditions. There are certain events that can increase the likelihood of a weather-related accident, like when a car begins slide or skid; anything which contributes to a loss of control of the car is considered evidence of negligence. Even if the motorist is driving below the speed limit, this is not considered dispositive. The law requires everyone to drive at a speed that is reasonable considering the road conditions and traffic.
Because of the way trucks are designed, they do not handle as well in bad weather. Compared to passenger vehicles, a truck is much harder to operate on wet or icy roads because they are larger and heavier, and do not have the same maneuverability as passenger vehicles.
All truck drivers must drive in a manner that is reasonably safe given the conditions. A clear, dry day will allow a greater speed than a dark and snowy evening. While roads do have a speed limit, they do not have a speed minimum. It is up to the driver of the truck to use reasonable care based on the conditions on the road. If a truck in Indianapolis is involved in an accident due to dangerous road conditions, there is a strong argument that the driver was negligent and if they had been traveling at a slower speed, perhaps the accident would not occur. To receive a CDL driver’s license, the trucker must be qualified, trained, and pass a test, and each of these requirements is included with the duty of a truck driver to operate in a reasonably safe manner.
Even if there are poor weather conditions, it is still up to the driver to use reasonable care. If roads are so treacherous, reasonable care may require a truck driver to wait until the conditions improve. If the weather conditions contribute to the accidents, a lawyer may still argue that the truck was traveling too fast for conditions, as it is not a defense to solely say that the road conditions caused the accident.
To make a recovery against a truck driver in a weather-related accident, a plaintiff must first prove faults. If the accident was their own fault, then there is no recoverable damage. In addition to the driver of the truck, there may be other parties who may be responsible. If the driver was working for a company at the time of the accident, the company will likewise be liable for any damages.
There may be several different owners involved with a truck accident case: one company may own the truck, another company may own the trailer, and yet another company may be responsible for dispatch. In addition to holding the truck driver responsible for the bad weather-related crash, an experienced Indy attorney will also investigate whether it is possible to recover damages from other parties.
Most accidents are investigated by the police shortly after they occur. It is very important for the police to document any weather-related circumstances which may have contributed to the accident. It is also advisable to take photos of the scene and of the vehicles involved. Once the accident is cleared away and the weather has subsided, it will no longer be possible to recreate the conditions which led to the accidents. An injured party will need to do all they can to conduct a thorough investigation, which may includes documenting the weather conditions after an accident.
It is very important to drive safely when weather conditions demand it. The use of special tires for the snow is common in some parts of the country like Indianapolis which receive large amounts of snow. Using headlights and high beams can also improve visibility in some weather-related conditions, but most importantly, it is up to the driver of the truck to exercise reasonable care in the operation of the vehicle.
It is important to speak to a personal injury attorney after any accidents, but an accident that involves poor weather conditions is even more important to discuss as soon as possible. Simply because an accident occurs does not automatically entitle an individual to compensation, and we can advise them on steps to take which will maximize the ability to make a complete recovery. Call our Indianapolis office if you were hit by a truck due to poor weather conditions.
