Who Is Liable for a Severe Weather Truck Accident?

The U.S. is synonymous with bad weather, including hurricanes and tornadoes. Texas is no exception. In particular, Galveston is a hot spot for severe weather, with coastal flooding and hurricanes common.

Unsurprisingly, these conditions make it difficult for drivers to stay safe on the roads. It is even more of a hazard for truck drivers who have to try and keep massive vehicles from veering off the road and causing a devastating accident. 

Unfortunately, truck accidents do happen for various reasons, including driver error during bad weather. If you are involved in such an accident, it may be challenging to determine who is to blame. This is mainly because multiple factors and parties will likely be involved. 

How Severe Weather Causes Truck Accidents

Torrential rain and strong winds lead to limited visibility on the road. Even though truck drivers ‘sit higher’ in their vehicles, their visibility will still be impaired in rough weather conditions. These conditions can lead to:

• Reduced traction. As soon as a road becomes slick or flooded, it is more difficult for a truck driver to bring a truck to a sudden stop. It also becomes far more challenging to keep the truck on the road. 
• Wind hazards. High winds can cause a trailer to sway or jackknife. It can even cause the truck to overturn. 

Despite these dangerous hazards and challenges, the onus is still on truck drivers and owners to prioritize safety. Trucking companies and drivers must take all necessary precautions to prevent and avoid accidents. 

If they don’t, they may be liable when an accident happens. 

How Liability Is Determined

There are several factors to consider after a truck accident. These factors will help determine liability. 

• Driver negligence. If drivers were speeding during adverse weather, they might be liable for the accident. The same applies if drivers neglect to increase their following distance or use hazard lights. 

Some liability may also fall on the employer, especially if the driver is not trained to navigate severe weather.

• Employer responsibility. If the employer forces the driver to work during dangerous weather conditions, they may also be liable for an accident. Employer liability also extends to truck maintenance and unrealistic deadlines.
• Road conditions. The relevant city or municipality can sometimes be liable for a truck accident. For instance, the road may have been damaged for a long time, and the city may not have fixed it. Combined with severe weather, this would create dangerous conditions to drive in. 

There may also be a lack of signage on the road warning of potential flooding or slick surfaces. In these instances, victims can hold the city or municipality responsible.

• Third-party errors. Other parties may also be to blame for a truck accident. These include other drivers, pedestrians, and maintenance crews. For instance, a reckless driver may create a dangerous situation that the truck driver cannot avoid. 

A pedestrian may suddenly run into the road while visibility is low. Accidents occur when maintenance crews leave craters on the road without adequate warning signs. 

Comparative Negligence in Texas

Texas follows a modified comparative negligence rule. This means liability is assigned based on each involved party’s degree of fault for an accident. However, if a particular party, including the victim, is more than 50% at fault, they cannot recover any damages. 

So, if a truck driver is 40% at fault because of speeding and another driver is 60% at fault because they cut off the truck, the other driver cannot claim damages. The truck driver can claim at least 60% of their own damages. 

Conversely, they cannot claim compensation if the truck driver is more than 50% at fault.

How Severe Weather Impacts Liability

Bad weather does not count as an involved party in a legal case after an accident. But, it is a factor that influences how liability is determined. For example, the court and insurance provider will consider the following:

• Did the truck driver adapt to the changing weather conditions? If the truck driver should have pulled over to wait out the weather and they didn’t, they can be held liable. The same goes if the truck driver did not reduce their speed or switch on the hazard lights.
• Did the trucking company enforce all safety policies? Trucking companies and employers should allow drivers to delay deliveries and routes until the weather improves. They should also allow drivers to avoid unsafe areas.
• Did other parties play a role in the accident? Bad weather will make poorly maintained roads that much more dangerous. Reckless drivers also make the roads more hazardous, especially when the weather is already causing havoc. 

What to Do After a Truck Accident

If you are involved in a truck accident in Texas during severe weather, there are several things you must do. 

• Call 911 after moving to a safer location. It is important to move only if it is possible to do so. 
• If you are injured, take photos of your injuries. While waiting for first responders to arrive, take photos of the accident scene, including the truck and your vehicle. 
• If road damage or other broken infrastructure contributed to the accident, document this as well. 
• Get a medical evaluation, even if you do not have obvious injuries. Your medical records will be valuable if you want to file a legal case. 
• Notify your insurer about the accident immediately. 
• If you believe the truck driver is to blame for the accident and want to claim compensation, contact a personal injury lawyer. 

Why Hiring a Lawyer Is Important

Personal injury cases resulting from truck accidents are hardly ever straightforward. All the insurers will do their best to avoid paying, which means you need a skilled lawyer to handle your case. 

Your lawyer will investigate the accident and gather evidence to help establish fault. Moreover, your lawyer will know which laws apply to your case to ensure you get a fair settlement. 

It Is Possible to Win a Personal Injury Case

Severe weather truck accidents can be devastating. The resulting legal cases can become very complicated. If you hire a lawyer promptly, you have the best chance of a good and fair outcome. 

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