Rain, fog, wind, or standing water can make a commercial truck much harder to control. If a driver fails to adjust to those conditions and causes a crash, a bad weather truck accident lawyer in Atlanta can investigate what happened and determine whether the collision could have been prevented.
Van Sant Law understands how quickly a truck accident can leave you dealing with painful injuries, missed work, and an insurance claim you did not expect. Founder David M. Van Sant previously worked as defense counsel for a large insurance firm, giving our team insight into how insurers evaluate and challenge serious injury claims.
Our Atlanta truck accident lawyers can preserve evidence held by the carrier, handle communication with the insurers, and help you understand what comes next.
Why Work With Van Sant Law?
Van Sant Law brings decades of combined legal experience to injury claims. Our firm has recovered hundreds of millions of dollars for injured clients.
David M. Van Sant’s previous work representing insurers and corporate defendants gives our team another perspective when preparing a claim. We understand the issues an insurer may focus on and can address those questions with evidence rather than assumptions.
Our Atlanta personal injury lawyers will handle communication with the insurance companies, investigate the crash, preserve relevant records, and identify the parties who may be responsible while you concentrate on your recovery.
How an Atlanta Bad Weather Truck Accident Lawyer Will Investigate the Crash
An Atlanta bad weather truck accident attorney will look at the driver’s decisions before the crash rather than simply accepting poor weather as the explanation.
Commercial drivers have specific responsibilities when weather affects visibility or traction. Under 49 C.F.R. § 392.14, drivers must use extreme caution and reduce their speed in hazardous conditions. When conditions become dangerous enough, they generally must stop operating until the vehicle can be driven safely again.
That can make questions about speed, following distance, visibility, braking, and the decision to continue driving particularly important in a weather-related collision.
Evidence That Can Show What Happened
The weather itself is only one part of the investigation. We’ll also look at how the driver was handling the truck and whether the vehicle was in a safe condition for the journey.
Depending on the crash, useful evidence may include:
- Electronic and vehicle data: GPS, onboard systems, or engine data may help establish the truck’s speed, braking, and movements before impact.
- Driver records: Logs and duty-status records can provide context about the driver’s route and working hours.
- Video and photographs: Dashcam footage, traffic cameras, nearby surveillance, and images from the scene may show visibility and road conditions.
- Maintenance records: Tire, brake, windshield wiper, and inspection records can help determine whether a mechanical issue made the truck harder to control.
Weather reports and witness accounts may also help establish how conditions changed around the time of the collision.
Bad Weather Does Not Automatically Excuse a Truck Crash
Rain can cause a vehicle to lose traction. Fog can make it difficult to see slowing traffic ahead. Strong winds can affect the stability of a large vehicle.
But poor conditions can also mean a driver needs to slow down, leave more space, or stop altogether. A truck traveling within the posted speed limit may still be moving too quickly for the conditions at that particular moment.
Van Sant Law looks at what a reasonably careful commercial driver should have done in the same circumstances and compares that with what actually happened.
The Truck’s Condition May Matter Too
Driver behavior is not always the only issue. Tires with insufficient tread, poorly maintained brakes, or defective visibility equipment can become especially important when roads are wet or visibility is poor.
Maintenance and inspection records may show whether a problem existed before the crash. An Atlanta weather-related truck accident lawyer can compare those records with the evidence from the roadway to understand why the driver lost control.
Who May Be Responsible for the Collision?
The truck driver may be liable if unsafe speed, following too closely, poor braking decisions, or another driving error contributed to the crash.
The motor carrier may also bear responsibility in some cases. Its hiring, training, supervision, maintenance, or scheduling practices may become relevant if they contributed to what happened.
For example, dispatch communications could show whether a driver was being pushed to make a tight deadline despite worsening conditions. A maintenance provider or another company may also become involved if defective equipment contributed to the loss of control.
What Compensation May Be Available After a Truck Crash?
A commercial truck collision can affect your finances long after the damaged vehicles have been removed from the road.
Your claim may include medical treatment, rehabilitation, lost income, reduced future earning ability, and damage to your vehicle or other property. Compensation may also account for physical pain, emotional distress, disability, scarring, and other changes to your everyday life.
Van Sant Law will consider both your current losses and future needs when assessing what the crash has cost you.
Georgia’s Deadline for Filing an Injury Claim
Under O.C.G.A. § 9-3-33, legal actions for personal injuries in Georgia generally must be brought within two years of the accident date. Different circumstances can affect how a deadline applies, so it is important to determine the filing period for your individual case.
This deadline is not the only reason to act quickly. Video can be overwritten, trucks may be repaired, and witnesses can become harder to locate.
Records held by the trucking company may also need to be identified and preserved early. Starting sooner gives your legal team more opportunity to secure that material while it is still available.
Speak With a Bad Weather Truck Accident Lawyer in Atlanta
Poor weather can contribute to a crash without being the only reason it happened. The driver’s speed, decisions, vehicle condition, and the carrier’s actions may all need to be examined before fault becomes clear.
Van Sant Law can preserve relevant truck records, investigate how the driver responded to the conditions, deal with the insurers, and document the losses caused by your injuries.
Contact Van Sant Law for a free consultation. A bad weather truck accident attorney in Atlanta can review what happened and explain your options.
