If you drive a lot during Pennsylvania’s harsh winters, it’s worth considering how weather conditions affect truck accidents in Pennsylvania.
Also, if you’ve recently been in a truck accident, you might be wondering how the weather will affect liability in your case. When a crash happens in low-visibility conditions or on slippery roads, the at-fault party may try to blame the collision on the weather, thereby avoiding liability for your injuries.
If you encounter this problem, you’ll need an experienced attorney in your corner to fight your case.
Pennsylvania experiences harsh winters; snowstorms, freezing rain, and icy road conditions are regular occurrences from late fall through early spring. Philadelphia suffers colder winters than many other major cities.
Pennsylvania drivers face several difficulties when the weather turns:
As a rule, any factor that makes road usage more difficult will cause a proportionately greater problem for semi-trucks and other such large vehicles. This is certainly true of inclement weather.
Trucks take much longer to stop than passenger vehicles; in snowy or icy conditions, their braking distances increase even more dramatically. Other such issues include:
If you’ve recently suffered injuries in a truck accident, you should consider working with an attorney who specializes in this area of personal injury.
Unfortunately, Pennsylvania’s infrastructure isn’t doing truck drivers or other road users any favors.
According to a US News analysis, Pennsylvania ranks 44th out of our 50 states when it comes to road quality. Potholes and uneven surfaces frequently lead to road accidents across the state. This makes driving more dangerous at the best of times, but when the weather is poor, things get even worse.
State and local authorities have a legal responsibility to keep roads safe to travel on. If they fail to properly execute this duty and a truck accident happens as a result, the relevant body may be liable to compensate you for your injuries. However, seeking damages in this way isn’t as straightforward as other types of lawsuits.
The doctrine of sovereign immunity (as set out in the Pennsylvania Code here) protects government agencies from civil lawsuits in many situations. Although there is an exception in cases involving unsafe roads in Pennsylvania, you’ll still face a lot of extra restrictions if you try to file a lawsuit like this. For example, you need to start the legal process within six months of your accident (the normal statute of limitations sets a two-year deadline for the majority of personal injury cases). There are also caps on the damages you can recover from government bodies.
If you’ve suffered an accident because of poor road quality and you’re at a loss regarding what to do next, contact us today to schedule a free initial consultation. We’ll explain your legal options and discuss potential strategies that account for the challenges that come with a lawsuit against a government body.
Can you hold a truck driver or trucking company responsible for an accident that occurs during bad weather? The answer to this question is nuanced.
Truck drivers (and all other road users) are responsible for their actions on the road regardless of how bad the weather is. Once you’re behind the wheel, you’re (generally) liable for anything that goes wrong; the law expects drivers to adjust their behavior based on the conditions they face.
For a truck driver, this could mean:
Trucking companies also have a duty to ensure their drivers are prepared for inclement weather. This includes providing proper training on winter driving techniques and ensuring that trucks are equipped with chains, snow tires, or other appropriate safety gear.
Pennsylvania follows a modified comparative negligence system. This means that if both the truck driver and you share fault for the accident, your compensation could be reduced by your percentage of fault. However, if you’re found more than 50% at fault, you won’t be able to recover any damages.
This rule often comes into play in cases involving bad weather. Icy roads and low visibility make it much harder to drive safely, so shared fault is more common when crashes happen in bad weather.
In cases involving a level of negligence on both sides, the defendant insurance company will do all it can to emphasize the fault of the plaintiff. If you’re the plaintiff in this scenario, you need to work with an experienced road accident attorney who will be able to counteract this strategy.
Sharing the road with trucks during inclement weather requires extra caution. Here are some practical steps you can take to protect yourself:
If you’ve been involved in a truck collision that came about because of bad weather or poor road conditions, you need to understand that you’re still entitled to compensation for your injuries. Every road user is legally responsible for their actions on the road regardless of the weather. If you’re worried about the potential outcome of your case, you should discuss the situation with your lawyer.
You can reach the Cochran Firm in Philadelphia by filling out our online contact form or calling 800-969-4400. It’s crucial that you act quickly; the more time your attorney has to build a case, the better their chances of delivering a solid result for you (especially in a more complex case).