Operating a motor vehicle in bad weather conditions can be a challenge, especially if it is a large commercial truck. However, poor weather is no excuse for truck drivers to take chances with other people’s lives. All drivers, regardless of the road conditions, should drive appropriately and obey all traffic laws.
If you or someone you love has suffered an injury due to a bad weather truck accident in Chattanooga, you may have legal recourse. A dedicated truck crash attorney is well-versed in roadway laws and stands ready to assist you with your claim.
All truck drivers must factor in the weather while operating their vehicles, whether it be rain, sleet, snow, or other inclement weather situations. Even though a driver may attempt to blame a crash on the road conditions, bad weather does not reduce or eliminate a driver’s responsibility for a victim’s damages.
An injured victim is entitled to compensation if the truck operator is at fault, regardless of foul weather. A local lawyer understands how to hold big rig drivers accountable for their mistakes on the road.
Statutory deadlines can impact a crash victim’s claim for damages. Tennessee Code Annotated §28-3-104 establishes a deadline of one year from the date of an accident for a victim to file a lawsuit.
Judges can extend this deadline under certain circumstances, so it is essential to consult a diligent attorney in the area as soon after the crash as possible to ensure that a claim is timely filed. A court can dismiss any lawsuit filed after the statutory period has expired, possibly leaving the victim without any legal recourse.
When someone is in a wreck with a truck, the vehicle’s size and weight can cause devastating injuries or death. Poor weather conditions often exacerbate the danger, with truck operators unable to shift direction or brake in time to avoid a collision. Many of a victim’s losses are economic, while others include psychological and emotional damage.
Some unfortunate consequences of a bad weather truck collision include:
For a crash victim to receive financial compensation for their losses, their legal counsel must prove that they suffered injuries and damages due to the truck operator’s negligence. When a truck crash happens under poor weather conditions, an attorney can argue that the trucker did not take proper care while driving in the bad weather and directly caused an accident. They may also seek to hold the truck’s owner or the trucking company liable if the driver was operating within the scope of their duties when the collision occurred.
If victim successfully proves their case, a judge or jury could award them compensation for pain and suffering, medical expenses, lost wages, and vehicle damage. Additionally, because a truck accident impacts the victim and their family, a spouse can sue for loss of consortium under Tennessee Code Annotated §25-1-106.
Loss of consortium is a legal cause of action enabling an injured victim’s spouse to seek damages for the loss of their partner’s love, affection, intimate relations, and care for their children. The non-injured spouse’s claim is separate from the victim’s action, although they may be able to file a lawsuit on behalf of both parties.
Injuries from crashes with 18-wheelers can be devastating. Contact our firm if you or a loved one sustained injuries in a bad weather truck accident in Chattanooga. A practiced member of the team could work with the insurance company to secure funds to pay for your medical bills, missed time and work, and the suffering you endured because of the crash.