When the weather takes a turn for the worse, it can become nearly impossible to control an 80,000-pound commercial truck. Even professional drivers can struggle in heavy rain, fog, or strong winds. If either the truck driver or their employer fails to take the proper precautions for these conditions, they could be found liable for any resulting crashes.
At Swift Justice, Inc., we know that many bad weather truck accidents in Ventura are made worse by negligence. If you were injured in a truck accident, our attorney could help you uncover the truth and fight for the compensation you deserve.
California has a diverse geography, producing a range of dangerous weather events. Slick roads from heavy rain or limited visibility from morning fog can make highways and intersections particularly hazardous.
Under state law, all drivers must operate their vehicles in a reasonable and prudent manner for the current conditions (Cal. Veh. Code § 22350). This means slowing down or pulling over when it is no longer safe to remain on the road.
For commercial truck drivers, these precautions are vital to avoid hydroplaning, being pushed into another lane by strong winds, or tipping over. Even when these bad weather conditions in Ventura are temporary, the trucker’s duty to act responsibly remains to avoid causing an accident (49 C.F.R. § 392.14).
Truck crashes that occur in inclement conditions in Ventura may still involve an element of negligence. For instance, when a driver is speeding through a storm, following another vehicle too closely, or failing to inspect windshield wipers before a trip, they can face liability for a crash.
Fatigue is another common factor in these cases, as truck drivers often work under tight deadlines without sufficient rest. A tired driver has slower reaction times and violates not only their legal obligation to drive safely but also the specific laws barring drivers from operating a vehicle while fatigued (49 C.F.R. § 392.3). When a crash results from this negligence, you can pursue claims under the state’s negligence standard (Cal. Civ. Code § 1714).
In some cases, the trucking company may share in the liability for an accident. Employers have a duty to prepare their drivers and vehicles for adverse conditions. This includes regular inspections, functioning lights, and proper training on weather-related safety. They are also required to enforce safe practices and set realistic delivery schedules (49 C.F.R. § 390.11). If the employer’s negligence contributed to the crash, you can pursue a claim against the trucking company in place of or in addition to the driver.
The injuries that you suffer after a severe weather truck wreck in Ventura can be extensive and require lifelong medical care. Under state law, you can recover compensation for both immediate and long-term medical expenses, including rehabilitation. Some injuries take time to appear, especially psychological effects such as post-traumatic stress disorder (PTSD), but these ailments still qualify under the state’s negligence standard (Cal. Civ. Code § 3333).
In cases where you are found to be partially responsible for the crash, you are still entitled to pursue damages for the fault attributed to other parties. This doctrine, referred to as pure comparative negligence, allows you to recover financially even if you are 99 percent responsible.
After a bad weather truck accident in Ventura, you generally have just two years to file a personal injury claim. Act now before evidence such as surveillance footage is lost or you are completely barred from pursuing damages.
Contact Swift Justice, Inc. for a free consultation today. We could handle negotiations on your behalf, protect your rights, and advocate for fair results.