DC truck accidents involving bad weather and icy roads is known to cause severe and catastrophic damage. Those involved in an accident should reach out to a seasoned truck accident attorney to determine the next steps to take. Roger Gelb has handled many DC truck accident cases involving bad weather and icy roads. He can help you determine the exact cause of your accident and help you seek compensation for all of your injuries.
There are many types of restrictions for truck drivers, including federal and local. Depending on the jurisdiction that a truck is traveling in, there are additional requirements imposed upon truck drivers by both the federal government and local state jurisdictions. Columbia is not a state, but the local district of Columbia law would apply as well.
These regulations put certain restrictions and certain requirements upon truck drivers regarding not only what they haul and even how long they are on the road. There are regulations regarding the driver’s rest. Driver fatigue is one of the most dangerous and most common cause of an accident involving a heavy truck. Additionally, truck drivers must take extra precautions during hazardous and dangerous weather conditions.
Regardless of the weather, a truck driver is still ultimately responsible for controlling their vehicle to avoid colliding with others on the road. For example, if there is an emergency situation in front of the truck driver, and the truck driver rear ends that vehicle that stopped with attachments on, the truck driver still can be held liable. It is important to note that just because the ground or the road was wet, which made it more difficult to slow down, does not mean they are exempt from facing liability. That is the reason that truck drivers have to go slower during certain weather conditions.
Weather itself is something that can be considered by the courts in a DC truck accident case. In general, it should not affect who is ultimately found to be negligent in an accident.
The insurance company that defends and indemnifies the truck driver and the trucking company is responsible. Determing who the primary insurance company is going to be depends on whether or not the driver of the truck was operating the vehicle within the scope of employment. If the vehicle is being operated within the scope of employment, then the insurance company would be primarily responsible for damages. They would be able to make an offer to settle the claim if there was no issue in liability. If the trucker was not operating their vehicle within the scope of their employment, the truck driver would be at-fault for a collision.
Poor weather conditions is not a valid defense in a truck accident case. When a trucker fails to take proper precautions during bad weather conditions, the trucker and their employer could be held liable for damages. Even if there is a sudden storm and the roads were not treated, truckers have a responsibility to stop their vehicle to avoid a collision. If a crash occurs during hazardous weather, the injured party can still recover compensation for damages. Schedule a consultation to learn about DC truck accidents involving bad weather and icy roads today.