Weather conditions affect truck accident liability by increasing truck drivers‘ duty of care. In New York, all drivers must exercise the appropriate level of care given the circumstances. In harsh weather, truck drivers are under increased scrutiny to operate safely.
That means they can be liable for accidents that occur in bad weather, even if they adhere to posted speed limits and other traffic laws. During difficult weather conditions, such as a snowstorm or an extreme rain event, truck drivers must drive safely in accordance with the specific conditions.
If you’ve been injured in an accident with a large truck or 18-wheeler, our truck accident lawyers in Long Island can help. Our team has more than 100 years of combined experience serving injured accident victims. Call today for your free consultation and tell us what happened.
Driver Liability in a Truck Accident
To determine whether a truck driver was negligent and liable for damages under New York law, courts apply the standard of reasonable care under the circumstances. In other words, it considers what a reasonable person would have done under the same circumstances.
A court may also consider the professional status of a truck driver as a factor that holds them to a higher standard. In the context of driving in storms and difficult weather conditions, this can mean a truck driver is expected to:
- Slow down and drive below the posted speed limit if needed
- Increase the following distance for longer stopping times
- Use headlights and signals appropriately
- Avoid sudden maneuvers or braking that could cause loss of control
- Stop driving entirely and pull off the road if the conditions make travel unsafe
The Emergency Doctrine
Sometimes a sudden, unexpected change in the weather creates an emergency on the road. New York recognizes the emergency doctrine, which can reduce or eliminate truck driver liability when a sudden change in weather occurs.
To meet the criteria, the weather event must have been:
- Sudden and unexpected. The weather conditions occurred without warning or a reasonable period of preparation.
- Not of the driver‘s making. While the driver clearly could not have caused the poor weather, they also must not have worsened the situation by speeding or driving dangerously.
- Responded to reasonably. The driver reacted as a reasonably prudent person would under the same extreme weather conditions.
While the emergency doctrine can serve as a potential defense in some cases, courts often regard bad weather as a foreseeable occurrence that a professional truck driver should have been aware of and prepared for.
Trucking Company Liability in an Accident
When a truck driver causes an accident, the trucking company may be held legally responsible in several ways. First is the legal concept of vicarious liability. This holds employers accountable for their employees’ actions when those actions occur within the scope of their job duties.
The second way is if the company itself committed negligent acts or created dangerous circumstances that contributed to the crash. In accordance with New York law and Federal Motor Carrier Safety Administration regulations, companies must train drivers to handle adverse weather.
The trucking company must also enforce rest and delay policies so drivers aren’t pressured to meet deadlines in storms. If a company fails in these duties by forcing a driver to continue on through a snowstorm, for example, the company can share or assume full liability.
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The Comparative Negligence Rule in New York
Truck drivers aren’t the only ones who may neglect their duty to drive safely in bad weather. All motorists must slow down, maintain a safe distance between vehicles, and take other precautions when road conditions deteriorate. Failure to do so can make you liable.
New York follows a pure comparative negligence system to determine who is liable for a truck accident. This means each party’s share of fault is assigned as a percentage. In most cases, you can recover damages in a truck accident case even if you’re partially or mostly at fault.
However, your award will be reduced by your percentage of fault. If the court determines you were 40% liable for the crash, you may only recover 60% of the damages you would have if you had no level of responsibility for the accident.
Get Help With Your Truck Accident Claim
Weather conditions affect truck accident liability by increasing the truck driver’s responsibility to drive safely based on the road conditions, not based on posted speed limits or other traffic signs. Failure to do so can make them liable for accidents and resulting injuries.
Big trucks can be dangerous when driven by inexperienced drivers or truckers under tight deadlines. When drivers fail to recognize the importance of slowing down and driving more carefully on slick roads, you can hold them accountable for your damages.
Our legal team at Levine And Wiss has recovered over $100 million for people injured in accidents through no fault of their own. We’re committed to justice and focused on you. Call today to schedule your free consultation and learn how we can help with your truck accident.
