McKinney Bad Weather Truck Accident Lawyer
Accidents involving trucks could have devastating consequences including serious property damage and severe injuries, especially during inclement weather. If you or a loved one were injured in a truck accident that involved hazardous weather conditions, you might still be able to recover compensation.
A McKinney bad weather truck accident lawyer could investigate your claim and help you get the compensation you need. Injured individuals should speak to a skilled tractor-trailer collision attorney to learn about your legal options and how the weather could affect your case.
Can Weather Impact Liability?
Dangerous weather sometimes is considered an act of God in truck accident cases, meaning that no one is held responsible for the accident. A driver should not undertake driving in inclement weather unless driving can occur safely for others on the road. Sometimes, it is the choice to drive at all given the conditions and the characteristics of the truck that is the dangerous driving choice.
In some situations, if a driver makes a choice to get on the road and realizes that they simply cannot control their vehicle, the driver should get over to the side of the road and get to the point of safety. The best choice is to abstain from driving if the weather is severe.
The standard of negligence is the standard of what a reasonable driver would or would not do in the same or similar circumstances. For a truck driver, the standard is what a reasonable truck driver would do in the same or similar circumstances. Truck drivers and trucking companies know that in dangerous weather situations, trucks are not as maneuverable, much heavier, and are more likely to tip over in heavy wind.
While there can be a jury instruction for an act of God, a truck driver should know not to drive in bad weather. In cases in which truck drivers operate in inclement weather, a McKinney hazardous weather accident lawyer may be able to use their training manuals to show that driving in bad weather is against regulations and something a driver must anticipate and avoid.
What If There Were No Other Vehicles Involved?
If there was not another vehicle involved and a truck driver has a severe weather accident, lawyers may still evaluate the case to determine whether or not the driver operated their truck reasonably. The truck driver in this situation may have a claim against his company if the company is pushing the driver to drive a certain number of hours that force the driver to drive in poor weather. That claim could be preempted by workers’ compensation if they are a workers’ compensation carrier.
In Texas, there is no requirement for an employer to be a workers’ compensation carrier. If they are not a workers’ compensation carrier and they are at least one percent at fault for the wreck, usually the company is deemed to have waived their defense against an employee’s claim.
Recoverable Damages Following a Bad Weather Truck Collision
Injured individuals may be able to recover the same type of damages that could be made in any personal injury case. For example, victims may be eligible to recover compensation for their economic and non-economic damages.
Economic damages include items like lost earnings, lost earning capacity of the person involved in the wreck, as well as all medical costs relevant to the accident. For instance, if someone suffered a spinal cord injury as a result of a wreck, and are now in a wheelchair, walker, or need 24-hour care, costs for modifying the home or vehicle could be recouped. These economic damages get the person’s finances back to where they were before the wreck.
More substantial compensation comes from human damages, such as physical impairments that keep the person from doing beloved activities such as playing with grandchildren or enjoying life. Pain and suffering and mental anguish are considered types of human losses as well. Anxiety about the future, about driving or being driven on roads or highways, and even fear about keeping themselves safe in the future are relatively common when an individual is involved in a traumatic event.
A person can have serious, well-founded fears after an accident regarding issues like lowered life expectancy, worries over how to act in any future danger situation, and worries about how to take care of children or infants. For help with proving non-economic damages, a McKinney bad weather truck accident lawyer could hire a life care planner.
Speak to a McKinney Bad Weather Truck Accident Attorney
Being involved in a truck accident involving hazardous weather can lead to severe injuries. If you or a loved one were injured in an accident because another driver failed to operate their truck safely, you might be able to seek compensation.
An experienced attorney could advocate on your behalf and help ensure your rights are protected. Call to schedule a consultation with a McKinney bad weather truck accident lawyer today.