Roswell Bad Weather Truck Accident Lawyer

Roswell Bad Weather Truck Accident Attorney

Driving in bad weather creates hazardous conditions for everyone on the road, especially when large commercial vehicles are involved. Rain, fog, and high winds can reduce visibility and make it difficult to control a vehicle. While no one can control the weather, truck drivers and trucking companies should adjust their driving behavior to account for these conditions. If they don’t, and you were injured in a collision involving a commercial vehicle, a Roswell bad weather truck accident lawyer can help you pursue the compensation you need to cover injuries and losses.

Trust Attorney Stephen LaBriola, LLP

Roswell truck accident lawyer Stephen LaBriola, LLP, has been in practice for decades. During that time, he has developed a deep understanding of bad weather truck accident laws and how they impact clients’ claims. He can help you determine who was responsible for your accident and hold the liable party accountable by filing a claim against their insurance, even if the situation is complicated.

Why Hire a Bad Weather Truck Accident Lawyer?

The U.S. Department of Transportation Federal Highway Administration estimates that around 12% of all crashes, amounting to almost 745,00 accidents nationwide, are caused by adverse weather events. Over 77% of weather-related crashes occur when it’s raining, with a smaller percentage occurring during snowstorms, severe crosswinds, or low-visibility conditions.

No matter what kind of adverse atmospheric conditions led to your accident, you can hire a bad weather truck accident lawyer to help you file a claim against the responsible party. Bad weather is not an excuse for unsafe driving. Your lawyer can help you determine who was responsible for the accident, file a claim against them, and support that claim with sufficient evidence. They can also negotiate a settlement with the liable party’s insurance company on your behalf.

There’s No Excuse for Unsafe Driving

Truckers are not automatically excused for accidents they cause just because they occur during inclement weather events. Professional drivers, like all drivers, are expected to take precautions to reduce risks for themselves and those around them in Roswell, Georgia when the weather takes a turn for the worse.

Truckers are required by law to take safety precautions, such as:

• Reducing speed when visibility or traction is limited
• Using headlights and hazard lights when appropriate
• Preparing to use the brakes as quickly as possible
• Driving defensively around other vehicles
• Stopping and waiting on the roadside if the weather precludes driving safely

Unfortunately, industry pressures, such as tight delivery deadlines and mileage-based pay, sometimes encourage drivers to take unnecessary risks. These schedules can lead to driver fatigue, which combined with bad weather, dramatically increases the dangers of fatigued trucking.

Bad Weather Truck Accident Claims

Claims arising from accidents caused in part by poor weather typically revolve around showing that the truck driver was negligent because they failed to use reasonable care to avoid an accident during a storm or another inclement weather event. In many cases, investigating the liability of the trucking business itself is just as important as proving the driver’s error.

Examples include:

• Failing to turn on lights when visibility is poor
• Not reducing speed in the rain or snow
• Ensuring that trucks and tires are well-maintained
• Continuing to drive even if the weather conditions prohibit doing so safely

Your Roswell bad weather truck accident attorney will need to show that the truck driver was behaving negligently by engaging in a certain activity, which can be as simple as driving during a bad storm. They will then need to prove that the driver’s negligence led directly to the accident and your subsequent injuries. Finally, your lawyer will offer proof that you suffered damages as a result of the accident.

Common Damages Recovered in Truck Accident Claims

The most common types of damages in bad weather truck accident claims include:

• Medical bills
• Future medical expenses
• Lost wages
• Lost earning capacity
• Property damage
• Pain and suffering
• Mental and emotional anguish
• Disfigurement
• Wrongful death

You should never accept an insurance settlement that does not cover all of your damages. Speak with a lawyer before taking any offer.

FAQs

Are Weather-Related Accidents At-Fault?

Weather-related accidents are generally still assigned fault in Georgia. Drivers are expected to pay attention to the weather conditions and adjust their driving behaviors as needed. Georgia’s modified comparative negligence rule applies, meaning your compensation can be reduced by your percentage of fault, but you are barred from recovery if you are found 50% or more at fault. If a truck driver was not reasonably careful and was instead speeding in the rain, for example, they could be held liable for any accidents that resulted from the behavior.

Can a Trucking Company Force Someone to Drive in Bad Weather?

A trucking company cannot legally force someone to drive in bad weather. The Surface Transportation Assistance Act protects drivers who refuse to operate their vehicles in conditions that they reasonably deem to be unsafe. They cannot be retaliated against through firing or demotion for choosing to prioritize their safety. Drivers can also extend their hours of service by up to two hours if required to reach safety during poor weather conditions.

Is Georgia a No-Fault State for Car Accidents?

Georgia is not a no-fault state for car accidents. It is an at-fault state, which means that the insurance company of the driver who was responsible for causing the accident will be responsible for paying any damages associated with the crash. This arrangement means that you will need to determine fault before you can settle any claims related to the accident.

Will Insurance Cover a Weather-Related Accident?

Insurance will generally cover a weather-related accident. Collision insurance handles issues like hitting trees due to skidding out on ice or hydroplaning. Comprehensive insurance handles non-collision damage from weather events, such as hail and floods. Liability insurance pays for other people’s damages if you are found to be at fault for an accident caused by poor weather conditions.

Your Roswell Bad Weather Truck Accident Lawyer

Don’t assume that because your crash occurred during a storm, that means you won’t be able to recover damages. A Roswell bad weather truck accident lawyer can help you determine liability and hold the accountable party responsible.

Stephen LaBriola, LLP, has extensive experience handling complex truck accident claims. He can answer any questions you have during the process and ensure you understand your legal rights and options after an accident.

Contact our office to schedule an initial consultation with a Roswell bad weather truck accident lawyer.