How to Sue for a Truck Accident if There Was Bad Weather in Florida
Florida may be called the Sunshine State, but bad weather can still cause problems for traffic and travel. Especially at the beginning of rainfall, roads can become slippery with oil runoff and water. If rain and bad road conditions contributed to an accident, this should not protect a responsible party from being at fault for the crash. If you were injured in a serious accident, call Miami truck accident lawyer Prosper Shaked today to schedule a free consultation on your case.
Who is At Fault for Bad Weather Truck Accidents?
If you are injured in a car accident caused by bad weather, you may be entitled to seek damages for your injuries. If a truck driver caused the crash by driving dangerously, the weather may only be a contributing factor. Just because the roads were wet or the weather was bad does not mean that a negligent driver is protected from being at fault in a serious crash.
When courts determine who is at fault for an accident, they look at the whole picture. If you were the only car involved in a single car accident, the question of fault might be irrelevant because there is no one else to sue, and your insurance may cover your case. However, if there was another driver involved in your crash, they may be at fault.
For a driver to be at fault for a crash, they must be “negligent.” This means that the driver did something to violate a duty they owed you, and that violation caused the crash. Things like traffic laws and reasonable safe driving practices dictate the duty another driver owes you. If the driver drove too fast for bad weather conditions or made decisions that were unsafe given the weather, the accident may be their fault.
The driver is only at fault if their negligence actually caused the accident. Sometimes, the weather is just too bad, and there is nothing we can do to prevent an accident. If the accident would have happened regardless of whether the driver was negligent, they may be insulated from fault. However, in most cases, it is hard to claim that the accident would never have happened since the driver could have pulled over and stopped driving if they really thought the road conditions were too dangerous.
Semi-trucks and other large trucks are prone to common issues, especially in bad weather. Improperly loaded trailers can fishtail and jackknife on dry roads, but the risk is increased in wet weather. Additionally, wet roads make it harder to stop a truck quickly and increase the stopping distance drastically, leading to potential rear-end collisions. If a truck driver was driving too fast for the weather, they could be at fault for the crash.
Compensation for Bad Weather Truck Accidents
The truck driver and trucking company can usually be held liable for any accidents they caused. However, you must first prove your case before you can get compensation. This means taking your case to court and using supporting evidence to prove to the jury that the truck driver caused the accident.
Pointing to unsafe driving practices is one of the best ways to show the truck driver’s fault in the crash. If they were driving faster than the weather allowed, they can be held liable for the crash, even if they were following the speed limit. Truck drivers need to understand their trucks and the potential risks they pose, and failing to respond to bad weather and pull over for a break is an avoidable risk factor that could lead to serious crashes.
When you sue the truck driver for a crash, you may also be able to sue the trucking company. Since the truck driver works for the trucking company, the company may be held liable just like any other company whose employees cause injuries while on duty. By bringing in a larger company with more funds, you may be able to get your damages fully compensated.
In addition to this vicarious liability for employers, the trucking company may also be directly liable for their own errors. The trucking company is often responsible for upkeep and maintenance for trucks. Things like bald tires, broken lighting, and poorly-maintained brakes can all increase the danger of driving a truck in bad weather. If these issues or other problems under the control of the trucking company contributed to the accident, our truck crash investigation attorney can help discover these causes and bring a lawsuit directly against the trucking company.
Miami Truck Accident Lawyer Offering Victims Free Consultations
If you or a member of your family was the victim of a truck accident in the Miami area, talk to an attorney today. Miami personal injury lawyer Prosper Shaked may be able to help you with your case, even if factors like bad weather contributed to the case. For a free consultation on your potential truck accident lawsuit, contact our law offices today at (305) 690-0244.