Poor Weather Truck Accidents

Truck accidents may give rise to devastating injuries to more than one victim. Numerous factors may contribute to these crashes, including driver fatigue, inexperience, lack of training, improper maintenance, or exceeding the maximum weight limit. Accidents involving poor weather also happen often in East Tennessee. It is important to retain Knoxville truck accident lawyer Mark Hartsoe before speaking to insurers or lawyers for a truck driver, trucking company, or anyone else that may have been involved. Generally, insurers are more concerned with their bottom line than with paying valid claims, and they may try to argue that the poor weather was the only reason for a crash. At the Hartsoe Law Firm, we have an accident reconstruction team on-call 24/7, and they can investigate the site of a truck accident right away to make sure that evidence favorable to your case is collected and preserved.

When a commercial vehicle is involved in an accident, its weight and size may result in catastrophic injuries like spinal cord damage or facial scarring, or even the deaths of multiple people. Sometimes inclement weather like black ice or heavy rain and fog increases the chances of getting into an accident. It may be difficult to handle a heavy big rig or 18-wheeler even when weather conditions are optimal. When the weather is poor, a trained truck driver will make every effort to react appropriately, such as by slowing down, checking blind spots, and leaving extra room between the truck and vehicles around it.

Tennessee permits defendants to raise what is sometimes known as an "Act of God" defense. However, the mere fact that a natural event like black ice or lightning occurred does not automatically insulate a truck driver from liability. Drivers are still expected to use reasonable care based on changing weather conditions. A court may look at whether the event and the harm related to the accident were foreseeable and whether the defendant's negligence, rather than the natural event, was the cause of a victim’s injuries. When a defendant was negligent or failed to use reasonable care, and this is a foreseeable cause of a plaintiff's harm, the defendant will likely be held liable. Only if the defendant can show that the natural phenomenon was the cause of the accident may the defendant escape liability. For example, if a truck driver failed to reduce speed after a sign warning that fog was ahead, a judge or jury likely would find that the driver failed to drive safely, given the prevailing weather conditions.

Truck accidents in poor weather should be thoroughly investigated. Since insurers for the truck driver and trucking company will be trying hard to dodge liability, it is crucial to retain Knoxville truck accident attorney Mark Hartsoe without delay. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to schedule a free appointment. Mark Hartsoe represents injured individuals who need a motor vehicle collision attorney throughout East Tennessee, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.