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How Inclement Weather Plays a Role in Truck Accident Litigation

by Christopher Hoffmann on Oct. 31, 2013

Accident & Injury Car Accident Accident & Injury  Personal Injury 

Summary: Injuries sustained in a trucking accident have a tendency to be more grave than those from a typical car collision. This is because of the massive size and weight of these vehicles in comparison to a typical motor vehicle.

“Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds” is a saying most often associated with the postal service.  They too drive under a strict schedule and because of the lengths of their trips and federal guidelines that force them to take breaks and maintain safe speeds they often will find it necessary to drive through weather conditions that are unsafe in order to get to their destination on time.

Many weather conditions affect a drivers’ ability to drive safely.  In Missouri motorists may find themselves faced with heavy and sometimes freezing rains, thunderstorms, hailstorms, snow, fog, ice, tornadoes and high winds.  In each of these conditions prudence on the part of a driver is important to help prevent accidents on our highways.  Unfortunately for drivers of commercial trucks, stopping or even just slowing down may put them behind on their schedule and they often continue forward even when they know that they should not.

A motorist who has been injured in an accident with a commercial truck should seek advice from a an attorney who has experience handling these types of cases. Since the drivers and the trucks have Federal and state guidelines they must adhere to, the cause of the accident will determine whether or not your case should be heard in a state or federal court.  In some instances the lawsuit may even be filed in a state other than Missouri.

Most often truck accidents that result from inclement weather are considered a state matter unless there is evidence that the owner was violating federal guidelines.  A truck accident attorney will have to provide evidence proving that the road conditions at the time of the collision were such that continuing on without changing speed was an act of negligence. They will want to review the drivers time log to see if he was running behind on his schedule and if he may have been speeding to make up for lost time.

Injuries sustained in a trucking accident have a tendency to be more grave than those from a typical car collision.  This is because of the massive size and weight of these vehicles in comparison to a typical motor vehicle.  Hospital bills incurred can be much higher and the need for aftercare and expensive therapies will also be of concern to your attorney.

A father of six crossing an intersection died as a result of injuries he sustained when a commercial truck ran a stop sign and collided with his car.  Fog was the weather culprit and was blamed for the truck drivers’ inability to see the stop sign. His continuing to drive at the same speed despite an obscured vision was determined by a jury to be negligent behavior. They awarded the man’s family 5 million dollars in compensation and punitive damages. 

Missouri Auto Accident Lawyers
Around one out of every 8 accidents in Missouri involve a large truck.  If you have suffered injuries as a result of one of these accidents, talk to a qualified Missouri truck accident attorney.  With their skill and guidance they can help make sure that the truck driver is held accountable for your pain and suffering.

To speak with a St. Louis lawyer regarding your accident, call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 or fill out our online contact form. We can evaluate your case for free and help you determine what your options are for recourse.



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