Bad Weather Truck Accidents in Harrisonburg
Hardly anyone likes driving through a torrential downpour or trying to navigate through thick fog, but inclement weather is just one of many potential road hazards that drivers are expected to account for as part of their “duty of care” to others around them. In particular, commercial truck drivers have a significant responsibility to adjust their driving behavior when visibility or road traction is poor—a responsibility that, unfortunately, not every trucker lives up to all the time.
Bad weather truck accidents in Harrisonburg can lead to very serious injuries, which can very often serve as valid grounds for civil litigation. That said, they can also be tricky to successfully file suit over without support from seasoned legal counsel. That is why you should make contacting a truck accident attorney from Price Benowitz a top priority if you were recently injured in a wreck like this.
When Are Truck Drivers Legally at Fault for Bad Weather Wrecks?
As mentioned above, motor vehicle operators in the Commonwealth—including long-haul truckers—have a legal duty of care to obey traffic laws, watch out for other vehicles and people around them, and generally act responsibly behind the wheel. In the eyes of the law, “acting responsibly” while driving includes slowing down, turning on headlights, and being extra careful in inclement weather, such as rain, fog, snow, and sleet, as any of these conditions may significantly impede visibility and reduce tire traction.
While truck drivers are not automatically at fault in legal terms for every single accident they end up involved in during bad weather in Harrisonburg, they may be liable for crashes that stem primarily and directly from their failing to be responsible behind the wheel. If an injured person can prove that a trucker struck their car specifically because they were driving unreasonably fast given the weather conditions, they could potentially sue that trucker for damages even if the trucker was not expressly committing a traffic infraction or otherwise breaking the law at the time.
Fighting Accusations of “Contributory Negligence”
Of course, commuter car drivers also have a duty of care to act responsibly when driving in inclement weather and near tractor-trailers. If someone involved in a collision with a commercial truck in Harrisonburg is found partly to blame for the incident because they themselves failed to adjust their driving behavior for bad weather, they may be assigned a percentage of fault for their own injuries.
In most states, “contributory negligence” along these lines will result in a court proportionately reducing the financial value of any damage award received by the party filing suit. Unfortunately, Virginia adheres to an uncommonly harsh “pure contributory negligence” system, which disqualifies plaintiffs from receiving civil compensation if they hold any share of fault whatsoever for their own injuries—an outcome which a skilled legal professional may be able to provide irreplaceable help with avoiding.
Speak With a Harrisonburg Attorney About a Possible Bad Weather Truck Accident Lawsuit
Much like the postal service, long-haul truckers are generally expected to complete their routes no matter the weather. However, they are also expected to be careful and considerate behind the wheel regardless of road conditions. Failing to account for inclement weather may constitute legal negligence, which you can base a civil lawsuit on.
Taking effective legal action over a bad weather truck accident in Harrisonburg will be much easier with guidance from the capable legal team at Price Benowitz. Call today to schedule a free case evaluation.
