Federal Trucking Regulations for Operating in Bad Weather
The trucking industry is heavily regulated, with federal regulations that address everything from driver qualifications and hours of service to vehicle maintenance, cargo securement, and safe operation of a tractor-trailer in poor weather conditions.
Under federal rules, commercial drivers must use “extreme caution” when conditions like snow, ice, sleet, fog, mist, rain, dust, or smoke affect visibility or traction. If the weather conditions warrant it, drivers must reduce their speed. If the conditions become too dangerous, they must stop driving until it is safe to continue.
No other interstate in Virginia sees a greater amount of large truck traffic or a higher percentage of crashes involving heavy trucks than Interstate 81 (I-81). As a law firm that has served Roanoke and surrounding communities along the I-81 corridor in Virginia and handled numerous truck accident cases over the years, we know how these crashes often result from truck drivers’ failure to adjust their driving in adverse weather conditions.
If you believe that you suffered injuries or the loss of a loved one in this type of accident, you will want to know more about the federal “bad weather” regulations and how an experienced truck accident attorney from Lichtenstein Law Group can help you pursue compensation.
What Is the Federal Motor Carrier Safety Administration?
The Federal Motor Carrier Safety Administration (FMCSA) is a federal agency that operates within the U.S. Department of Transportation. Its primary mission is to reduce crashes, injuries, and deaths involving large trucks and buses. The FMCSA sets and enforces safety standards for commercial motor vehicles and the carriers that operate them, including regulations that govern how drivers must behave in hazardous road conditions.
What Are the FMCSA’s Bad Weather Rules?
The FMCSA’s bad weather rules are codified in 49 CFR § 392.14. Even though the regulation requires drivers to reduce their speed when snow, ice, sleet, fog, mist, rain, dust, or smoke adversely affects visibility or traction, it does not provide a specific speed. Drivers must adjust their speed based on conditions. Other relevant FMCSA regulations address factors such as:
- Hours of service (HOS) – The FMCSA regulations cap how many hours a commercial driver can be on duty. If a driver encounters unexpected adverse driving conditions, the FMCSA allows them to take up to two additional hours of driving time to complete their run or reach a safe location.
- Vehicle maintenance – Trucks must be properly maintained to perform safely in bad weather. They must have functioning brakes, adequate tire tread, working lights, and operational windshield wipers, all of which are especially important when road conditions deteriorate.
- Emergency equipment – Commercial trucks must have emergency equipment for use when stopping in hazardous conditions, including warning devices such as reflective triangles and, in some cases, tire chains for driving in snowy or icy conditions.
How Can Truck Drivers Adjust Their Driving for Bad Weather Conditions?
When they encounter bad weather or road conditions, drivers must:
- Reduce their speed – Slowing down in bad weather gives drivers more time to react to hazards and allows them to maintain better control of their large, heavy vehicles.
- Increase their following distance – Stopping distances increase significantly in wet, icy, or snowy conditions. Drivers need far more space between their trucks and the vehicles ahead than they would under normal conditions.
- Use lights and hazard signals – Proper use of headlights, taillights, and hazard flashers helps other drivers see the truck and anticipate its movements in low-visibility conditions.
- Avoid using cruise control – Cruise control can cause drivers to lose control on slippery surfaces by preventing them from responding as quickly to changing traction.
A truck driver’s failure to take these reasonable steps in poor driving conditions may serve as evidence of negligence in a claim for full and fair compensation.
Can You File a Truck Accident Injury Claim Following a Truck Accident in Bad Weather?
Bad weather doesn’t automatically relieve a truck driver or their employer of legal responsibility for accidents. If a driver fails to take reasonable precautions in poor conditions by driving too fast or ignoring federal safety regulations, they may still be found liable. An injured party may have grounds for a truck accident claim against the driver, the trucking company, or both.
What Evidence Can Be Used to Prove Fault in a Truck Accident?
Establishing a strong truck accident claim requires gathering the right evidence to demonstrate who was at fault. The key evidence in bad-weather truck accident claims may include:
- Electronic logging device (ELD) records – These records document the driver’s hours of service and can reveal whether any HOS rule violations occurred.
- Black box data – Most commercial trucks have event data recorders that capture speed, braking, and other vehicle data at the time of the crash.
- Weather and road condition reports – Official records can confirm what conditions existed at the time and place of the accident.
- Maintenance records – These records can show whether the truck was properly maintained and roadworthy before the crash.
- Driver history and training records – These records can reveal prior violations or inadequate training for driving in hazardous conditions.
- Witness statements and crash reports – Eyewitness accounts and official crash reports can corroborate the facts of the accident.
What Compensation Could You Receive from Your Truck Accident Claim?
If you suffered physical injury in a truck accident, you may be entitled to compensation for both economic and non-economic losses. Compensable economic losses can include medical bills, lost wages, and future medical care costs, while non-economic losses can include pain and suffering, emotional distress, and loss of enjoyment of life.
You must act promptly if you believe you have a claim. In Virginia, you generally have two years from the date of the accident to file a personal injury claim. If you miss this deadline, it can bar you from recovering any compensation. So, it’s important to contact a truck accident attorney as soon as possible.
How Can a Virginia Truck Accident Lawyer Help Me?
Since 1992, Lichtenstein Law Group has practiced personal injury law, with a focus on serious injury cases. Our attorneys bring nearly 100 years of combined legal experience to every case we handle, and we put that experience to work for clients who’ve suffered harm due to negligent truck drivers and trucking companies.
We know how to investigate truck accidents thoroughly, identify violations of federal regulations, and prepare compelling cases for our clients. We also understand that no two cases are alike. That’s why we provide personalized service from start to finish.
Contact a Virginia Truck Accident Lawyer
If you or someone you love was injured in a truck accident, Lichtenstein Law Group is ready to help. Contact us today to arrange your free initial consultation.
