Bad road conditions including highway damage, potholes, and bad weather regularly contribute to truck accidents with injuries and fatalities. If you are in need of immediate legal assistance after a truck accident involving hazardous road conditions, contact Wilshire Law Firm 24/7 to get started on a FREE and confidential case review. Our experienced truck accident attorneys are here to answer your important questions. For over 15 years we have fought for truck accident victims and have collected over $1 billion for our clients.
Call us today at (800) 501-3011.
Table of Contents:
- We Demand Your Compensation
- Semi Truck Accident Lawsuits Involving Bad Road Conditions
- Collecting Damages in Truck Driver Negligence Cases
- Proving Negligence in Poor Road Condition Lawsuits
- Bad Weather Requires Extra Truck Driver Care
- Bad Weather Impacts Both Roads and Drivers
- Poor Weather Accident Statistics
- Defective Roads Cause Hazardous Conditions
- Truck Driver Choices Matter with Dangerous Road Conditions
- Defensive Driving and Avoiding Hazardous Roads
- FAQs
- More Helpful Resources
- Start a Free Case Review
We Demand Your Compensation When Truckers Cause Crashes Involving Poor Road Conditions
Truck drivers have a responsibility to keep the roads safe for everyone. When they fail to do so, they can be held liable for any damages that occur. In some cases, truck driver negligence can even lead to wrongful death. If you or someone you know has been affected by a truck driver’s negligence, it is important to speak with a truck accident injury attorney who can help you get the justice and compensation you deserve.
The Federal Motor Carrier Safety Administration (FMCSA) conducted a Large Truck Crash Causation Study and noted that among the three major types of critical events assigned to large trucks involved in accidents, 29 percent of collisions involved “vehicle loss of control due to traveling too fast for conditions, cargo shift, vehicle systems failure, poor road conditions, or other reasons.”[1]
Truck Accident Lawsuits Involving Poor Road Conditions
When you or a loved one has been involved in a serious crash with injuries where poor road conditions may have contributed, it’s important to realize that truck drivers and trucking companies must follow highway laws and trucking regulations. When they fail to do so, severe injuries often result. A truck accident lawsuit against a negligent driver or trucking company often becomes necessary as the best means to obtain justice and compensation that may become critical to paying off mounting expenses and a shift in lifestyle due to injuries.
Collecting Damages in Truck Negligence Cases
At Wilshire Law Firm, we demand fair compensation from truckers and for truck accident negligence. We will file a legal complaint on behalf of our injured clients and demand fair compensation, known as “damages” that may include payments for:
- Medical Expenses – including hospitalizations, surgeries and ongoing treatments and therapies
- Lost Wages – when you or your loved one has not been able to work due to injuries
- Lost Future Income – when you or your loved one can no longer continue in your chosen career and must begin the shift to a new line of work
- Loss of Consortium – when a loved one has been killed, or the quality of living for the injured has dramatically changed the nature of their closest relationships
- Pain and Suffering – when your daily life has been affected to such a degree that the only fair remedy is compensation
- Punitive Damages – meant to punish those responsible for the harm they have caused to you and your loved ones.
The best way to determine the potential value of your case is through our free and confidential case evaluation process. Reach out to our team 24/7 to learn more and get started.
Proving Negligence in Bad Road Condition Truck Accident Cases
At Wilshire Law Firm, we build strong personal injury cases by establishing negligence. Successfully proving that the semi-truck driver breached their duty to operate their vehicle with care is vital in winning your case.
Our truck accident law firm will work to prove truck driver negligence, and that they should be held responsible for the damages. We’ll put the full force of our trucking lawyers on your case to:
- Show that the commercial truck driver had a duty to actively avoid accidents by driving with care
- Prove that the big rig driver carefully willfully or by mistake breached their duty to drive with care
- Link your truck accident injuries, property damage, and other losses to the driver’s breach of care
- Describe how the injuries, property destruction, and other harm resulted in debilitating damages
In some circumstances, we will initiate accident reconstruction as part of our investigation, along with calling upon expert witnesses to testify and strengthen your case.
Bad Weather Requires Extra Truck Driver Care
Poor weather conditions continue as a very common cause of truck accidents and contribute to approximately 11 percent of all fatal car accidents in the United States.[2]
While big rig and commercial vehicle drivers cannot control hazardous road conditions, they are responsible for how they respond to them. Bad weather does not excuse the truck driver from taking steps to remain in control, to compensate for the inclement weather, and to practice their required duty of care.
Truckers can be held liable if they fail to respond to poor weather. In such cases, pulling over might be the best option.
“Weather acts through visibility impairments, precipitation, high winds, and temperature extremes to affect driver capabilities, vehicle performance (i.e., traction, stability and maneuverability), pavement friction, roadway infrastructure, crash risk, traffic flow, and agency productivity.”
– US Department of Transportation [3]
Bad Weather Impacts Both Roads and Drivers
According to the Federal Highway Administration, weather conditions are known to have an impact on roadway structural integrity and safe vehicle operation, both of which are connected with safety.[4] The most common weather factors that contribute to semi-truck accidents include:
- High Winds
- Precipitation (snow, rain, sleet)
- Fog
- Icy Roads
- Pavement Temperature
- Water Levels & Submerged Lanes
Poor Weather Accident Statistics
Over a 10-year average, weather-related collisions remain a significant and challenging statistic. Poor weather contributes to approximately:
- 21% of vehicle crashes
- 19% of crash injuries
- 16% of crash fatalities [5]
Poor weather conditions should be a strong signal for drivers to use extreme caution or to stop driving. Unfortunately, many truck drivers press on during bad weather, sometimes pressured by trucking companies to hit deadlines. When speeding or other negligence becomes involved during bad weather, tractor-trailers can roll over, jackknife, skid and cause rear-end collisions, or cause the driver to lose control in a variety of ways that could have been avoided with more caution.
Your injuries may be directly related to truck driver negligence during a poor weather incident. To find out, confidentially walk through the details of your collision and injuries with our experienced team of lawyers for wrecks caused by poor road conditions.
Defective Roads Cause Hazardous Conditions
Road conditions become problematic when pavement deteriorates and infrastructure becomes compromised. Road conditions do affect truck driver vehicle performance. Routes should be properly planned by truck drivers and companies. When poor road conditions are known, but information does not get not acted upon, it may point to negligence and the need for a truck accident lawsuit.
Poor road conditions, including potholes, uneven pavement, erratic slopes, narrow lanes, and limited visibility due to obstructions such as trees or shrubs, can create hazardous driving conditions. Potholes, in particular, can cause semi-trucks to lose control and crash.
Poor road conditions may have contributed to your truck accident injuries. Call us 24/7 to learn more about your important case by discussing details with a licensed truck accident attorney.
Truck Driver Choices Matter with Dangerous Road Conditions
The most dangerous road conditions for big rigs are those which present a challenge to their size, weight, and maneuverability. These conditions can range from tight turns with insufficient clearance to steep grades with icy conditions. Additionally, high traffic volume combined with narrow roads or less-than-ideal visibility due to weather or lighting can be hazardous for large vehicles.
As such, truck drivers must remain vigilant in monitoring their speed and surroundings when traversing these kinds of roads and take precautions to ensure a safe journey. This could include adjusting the speed limit as necessary, avoiding high-traffic areas if possible, and keeping a safe distance between other vehicles.
When truckers fail to take precautions on dangerous roads and collisions with injuries or fatalities occur, it’s often due to negligence. At Wilshire Law Firm, we’re on your side. Contact our proven truck accident law firm today for a free evaluation of your case. It’s a no-obligation review process and we’ll all get on the same page before anything is signed between our law firm and important clients.
Defensive Driving and Avoiding Hazardous Roads
Defensive driving techniques such as scanning ahead for potential dangers and keeping an eye out for other drivers who may be displaying unsafe behaviors are critical practices. By being aware of the risks posed by these road conditions and taking the appropriate precautions, truck drivers can minimize the chances of accidents or other dangerous situations.
In addition to avoiding hazardous road conditions, truckers should also take special precaution when traveling through large urban areas. Due to the dense concentration of traffic and pedestrians, it is important for truckers to remain vigilant in monitoring their speed and surroundings at all times.
Unfortunately, some truck drivers ignore important safety considerations. If you’ve been injured due to truck driver negligence on bad roads, you may need to consider a truck accident injury lawsuit.
Don’t Miss the Deadline to File a Bad Road Condition Truck Accident Lawsuit
It is important to note that each state has different statutes of limitations (deadlines to file lawsuit) and it is essential to understand your state’s laws when filing a claim. Additionally, if you fail to file your claim within the statutory period, you will likely be unable to pursue recovery for any damages.
CALIFORNIA
In California, victims of truck accidents have a specific time limit for filing a lawsuit. This is referred to as the statute of limitations. Generally, individuals who are injured in truck crashes in California must file their claim within two years of the date of the accident. The two-year period applies to both personal injury and wrongful death claims. However, there are exceptions to this rule. For example, if a government agency is responsible for the accident, individuals must file within six months of the incident.
NEVADA
In Nevada, the statute of limitations for truck accident lawsuits is two (2) years from the date of the incident. This means that any lawsuit alleging personal injury or wrongful death caused by a truck accident must be filed in court within two (2) years of the date that the accident occurred.
In certain cases, the two-year limitation period may be extended. For example, an extension may be granted if the plaintiff was a minor at the time of the accident. In these situations, the statute of limitations will not begin to run until the minor turns eighteen (18). Similarly, in cases where a plaintiff is mentally incapacitated or unable to manage their own affairs due to physical impairment or mental illness, the statute of limitations may be extended.
Frequently Asked Questions About Accidents Due To Road Conditions
How Many Accidents Are Caused By Bad Roads?
The US Department of Transportation reported a ten-year average of 1,235,145 crashes, 418,005 persons injured, and 5,376 persons killed by accidents involving poor road conditions.[6]
How Does Weather Affect Truck Drivers?
Bad weather can affect truck drivers in a number of ways. Heavy rain or snow can make the roads slippery, reducing traction and making it difficult to drive. High winds can create dangerous conditions by blowing debris onto the road or by causing trucks to lose control. Low visibility caused by fog or rain can lead to accidents. In extreme cases, such as a tornado or hurricane, trucks may be overturned or blown away.
More Resources from Wilshire Law Firm
- Start a FREE Truck Accident Injury Case Review
- What To Do After a Truck Accident
- Truck Accident Statistics
- How Hours of Service Violations Cause Dangerous Truck Accidents
- How Long Does a Truck Accident Settlement Take?
- How Much Is a Truck Accident Case Worth?
Call Us 24/7 – Start a Free Truck Crash Case Review
At Wilshire Law Firm, our experienced personal injury attorneys have helped victims of truck accident negligence and accidents related to weather conditions for more than 15 years. In that time, we have helped our clients recover more than one billion dollars in damages.
If you or someone you love has been injured in a bad road conditions accident with a big rig or commercial vehicle, we can help. Contact us today to schedule a free consultation. We will review your important case and advise you of your strongest legal options.
Call us toll-free at (800) 501-3011, or contact us online to get started.
