Poor Weather Truck Accidents
South Florida knows bad weather all too well, from hurricanes and tropical storms to summer thunderstorms that move quickly across the area. This kind of unpredictable weather can lead to serious truck accidents and injuries, especially when drivers are not equipped to deal with weather conditions or have not properly looked after their vehicles. The Miami truck accident lawyers at the Law Offices of Robert Dixon represent victims injured in a poor weather truck accident in legal claims against those responsible for their harm. Although no one can control the weather, drivers still must take certain precautions and operate their vehicles in appropriate ways to avoid injuring others. Our firm assists people across South Florida, including in Broward, Miami-Dade, and Palm Beach Counties, with making sure that their legal rights are advanced following a serious truck accident.Poor Weather Truck Accidents in South Florida
Poor weather conditions, such as rain or high winds, make driving much more difficult. Truck drivers are expected to adjust their driving practices so that they may travel the roads safely. During heavy rain, drivers should reduce their normal speeds to account for lower visibility and slick roads. Additionally, truck drivers should allow extra space between their vehicles and other motorists so that they have more time to react to any issues that arise on a wet highway or road. Truck drivers are also responsible for making sure that their vehicles are properly maintained, including replacing windshield wipers when necessary, checking to ensure that brakes are functioning properly, and investigating whether tires are inflated correctly. When weather conditions get too dangerous, truck drivers should pull over and wait out a storm until it is safe to travel again. Unfortunately, time pressures regarding delivery, fatigue, and other factors may motivate a truck driver to act carelessly when confronted with poor weather.Liability for Injuries Sustained in a Truck Crash
Truck drivers have a duty to other motorists, pedestrians, and any other road users to operate their vehicles in a safe and reasonable manner. When drivers are not adequately trained or otherwise act carelessly in poor weather conditions, they should be held liable for the harm that results. Victims of poor weather truck accidents may hold negligent drivers or other parties legally responsible in personal injury lawsuits. To prove negligence, the victim, or plaintiff, must show that the defendant breached their duty to act as a reasonable and prudent person would act under the same or similar circumstances. For instance, a truck driver who continues to speed down a highway even in heavy rain or hail, striking another vehicle, would be viewed as unreasonable. Plaintiffs must also show that the breach was a proximate cause of their injuries, and damages were incurred as a result.
Employer trucking companies may also be vicariously liable for a negligent employee. If a truck driver was acting within the scope of their employment at the time of the collision, such as by rushing to make a shipment on time, the trucking company may be held accountable indirectly. When negligence is shown, a plaintiff may receive compensation for past and future medical costs, loss of income, diminished earning capacity, and pain and suffering. Establishing negligence in an accident that occurs during poor weather conditions may be more difficult, since a defendant may claim that it was weather, rather than a driver’s actions, that caused the collision. Having an experienced attorney who can make sure that many forms of evidence are gathered and presented is important to asserting your rights following a serious crash.Seek Guidance from a Truck Accident Lawyer in the Miami Area
If you need legal assistance following a devastating truck collision, the tractor-trailer crash lawyers at the Law Offices of Robert Dixon are available to help you in determining your legal rights and options. We represent people in Miami, West Palm Beach, and Fort Lauderdale, among other cities. Call (877) 499-4878 or contact us online to schedule a free, no-obligation consultation to discuss your needs with an attorney and learn more about our services.